Does a divorced woman need to refer to the court or a new marriage contract if her husband takes her back before the expiration of her waiting period and the divorce occurred in court?
If the divorce is revocable (ṭalāq rajʿī), then the husband’s reconciliation with his wife before the expiration of her waiting period (ʿiddah) is valid without renewing the marriage contract. However, if the divorce is irrevocable (ṭalāq bā’in), the husband is not permitted to reconcile with her except through a new contract. A divorce ruled by a judge is considered irrevocable, except in some cases where scholars have differed, such as divorce due to a vow of abstention from sexual relations (mūlī) or the husband’s inability to provide maintenance (muʿsir bi al-nafaqah); in these cases, it is revocable. Therefore, it is necessary to refer to the court to determine the type of divorce and the validity of reconciliation.
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