Is it permissible for a man to take back his wife, whom his father divorced on his behalf by proxy, after she initially refused the divorce judicially, and was then divorced upon appeal?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
A father does not have the right to order his son to divorce his wife without a legitimate Shariah justification, and obedience to him in this matter is not obligatory. If the son authorized his father to divorce his wife, and the divorce occurred, then if this was the first or second divorce, the husband may take her back before the end of her waiting period (); otherwise, she cannot return to him except with a new marriage contract. An agent is not permitted to appoint another agent unless authorized by the principal, but it appears that the father’s authorization of the lawyer was for formal divorce procedures and representation before the judge.
Summarized from the full answer at Ftawy · imported
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- 124974
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