Is it a condition for the validity of reconciliation after a single divorce that a decree be issued by the court, or is the testimony of two men sufficient? Is the wife considered disobedient (nashiz) in this case? Is it permissible for the husband to refuse to financially support her? Does the wife have the right to impose conditions for reconciliation? Is the husband sinful if he divorces his wife while she is ill?
Revocation (of divorce) does not require documentation in court or the presence of witnesses for its validity, but having witnesses is commendable. Documentation guarantees rights and prevents disputes. The husband has a greater right to revoke his divorce during his wife's waiting period ('iddah), and she does not have the right to refuse or impose conditions, because revocation is a retention of the woman under the ruling of the marital bond. Divorce is permissible even if there is no need for it, and thus there is no sin in divorcing a sick wife. A wife's refusal to share the bed indicates her 'nushuz' (disobedience), and 'nushuz' nullifies her right to maintenance, unless she is pregnant, in which case maintenance for the pregnancy is not nullified by the mother's 'nushuz'.
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- 161893
- Imported
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