What is the legal ruling on a revocable divorce in which the deferred dowry was given and the rest waived, and the wife refused to return during the waiting period despite the husband's saying, "I want you to return to me," and is the husband's saying considered a return even if the wife refused, especially since she is engaged and will be marrying soon?
The jurists stated that the husband has the right to take back his wife in a revocable divorce, even if the wife does not agree, based on the Almighty's saying: "And their husbands have a greater right to take them back in that [period] if they desire reconciliation." The phrase "I want you to return to me" is not explicit about reconciliation, so the husband's intention is referred to. As long as the husband stated that it was a reconciliation, it is considered a valid reconciliation, and it is not permissible for the woman to marry someone else. If the wife is harmed by staying with him, she has the right to seek khul' (divorce by mutual agreement with compensation) from him for a payment, or to refer the matter to the Sharia court.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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