Is it permissible to reconcile with a wife who was divorced after the marriage contract but before consummation, and there had been a private meeting, without the consent of her guardian?
If a man divorces his wife after being alone with her (khulwah) without consummating the marriage, and then takes her back without the knowledge of her guardian (wali), some scholars are of the opinion that a khulwah in which intercourse is possible is considered equivalent to consummation (dukhul). After such a khulwah, the divorcing husband has the right to take his wife back without needing a new marriage contract. According to this view, the resumption of the marriage (raj'ah) is valid even without the guardian's knowledge. The fact that the divorce or the raj'ah were not documented by the officiant (ma’dhun) does not affect their validity, while emphasizing the importance of having witnesses for the raj'ah to avoid potential problems.
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