Does a revocable divorce (ṭalāq rajʿī) become an irrevocable divorce (ṭalāq bā’in) merely by the husband agreeing with the wife to waive his right to take her back during her waiting period (ʿiddah), and is the husband's taking her back considered valid in this case?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Revocable divorce does not become irrevocable by agreement of the spouses, for the right of return (ruj'a) belongs to Allah Almighty, and no one has the right to relinquish it, because relinquishing it is considered a change to what Allah has legislated. So, as long as you have divorced your wife with a revocable divorce, you have the right to take her back during her ' (waiting period), whether she consents or not. Any agreement to relinquish the right of return is invalid. If a dispute arises, it should be resolved through the judiciary.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/176397
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 176397
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy