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What is the ruling on a marriage contract that is not officially documented, and what is the ruling on the seclusion and enjoyment that occurred between the spouses without consummation? Does a telephone divorce take effect in this case? Is it considered an irrevocable divorce of minor separation? Can the wife be taken back thereafter by saying, "I want you"?

1 min readAlso available in العربية

If the khulwah (private seclusion) with your wife was valid (meaning intercourse could normally occur therein), then the Hanbalis are of the view that her return is permissible without a new contract. However, the majority of scholars do not hold this view except with a new contract, unless one of you claims that waty (intercourse) took place.

According to the Hanbali madhhab, for the raj'ah (revocation of divorce) to be valid, an explicit statement is required, such as "I take you back." It does not occur through implication, such as "I love you and I want you," even though some of them mentioned the possibility of it occurring through implication with the intention.

So, if the iddah (waiting period) has not ended, you can take her back, based on the view that valid khulwah is treated as dukhool (consummation), which is the fatwa-given opinion.

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Source platform
Ftawy
Original fatwa ID
161480
Imported
Translation status
Source text, unreviewed
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