Is a wife considered a wife legally after she was divorced over the phone with the intention of taking her back during the waiting period ('iddah), then she was taken back against her will?
The right of revoking a divorce belongs to the husband, and he may take his wife back into his marital bond after a revocable divorce, whether the wife agrees or not. If the husband says to his wife during her waiting period ('), "I have taken you back," this is a valid revocation, and she is considered his wife legally. It is not permissible for a woman to seek divorce without a legitimate legal reason; otherwise, she becomes disobedient (nashiz) and her right to maintenance from the husband is forfeited—unless she is pregnant, according to some scholars. The husband has the right to refuse divorcing her until she ransoms herself from him with compensation. It is best to strive to solve problems and avoid divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/166732
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 166732
- 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