Is it permissible to stipulate that a divorced woman with children waive her right to an equitable division for reconciliation, given the inability to ensure equitable nights?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It is permissible for a divorced woman to be taken back by her husband in exchange for her waiving some of her rights, such as her right to equal division of nights. This is supported by what Malik narrated from Rafi' bin Khadij, that he took his wife back after he preferred a young woman over her, and she accepted to remain with him despite the preference. Therefore, there is no objection to taking back the wife with this condition stipulated upon her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/175378
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 175378
- 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