What is the ruling of Islamic law regarding a man divorcing his wife for the second time without uttering the words of divorce, but with the intention that it is only "on paper" because she frequently requested divorce, and sexual intercourse occurred between them within a week of the divorce and during the waiting period (iddah), with the wife refusing to reconcile and denying that intercourse took place if the husband were to disclose it, and they have daughters?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It is unclear how the divorce occurred with the officiant. However, as long as it was a revocable divorce (ṭalāq rajʿī) – meaning it was less than three pronouncements and not in exchange for compensation – then the husband has the right to take her back during her waiting period (), whether the wife agrees or not. The return (rajʿah) can be effected through words or sexual intercourse. The wife must return home, and if she does not and a dispute arises, the matter should be referred to the Shariah court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 153345
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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