To what extent is a judicial ruling to divorce a wife with a final, irrevocable divorce (طلاق بائن) binding if the wife does not wish to uphold it and wants to continue with her husband? Is this ruling counted as one of the three divorce pronouncements? And what are the necessary Sharia-compliant procedures before resuming conjugal life?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A wife does not have the right to refuse a divorce if it is valid and recognized. If the husband pronounces it, it is a revocable divorce, and he may take his wife back as long as she is within her waiting period (). If a legitimate Shari judge decrees it, it is an irrevocable divorce, and she is not permissible for him except through a new contract. If it is the third divorce, it is an irrevocable divorce (baynunah kubra), and she is not permissible for him until she marries another man. As for a divorce issued by a secular court, it is not recognized, and the marital relationship remains intact.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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