What is the legitimate and legal advice for a man who divorced his wife in a fit of anger, and the court ruled that the divorce occurred, and her family refuses to return her despite her desire to do so, while the waiting period (iddah) is nearing its end, and he is concerned about the fate of his daughter under these circumstances?
If a man divorces his wife with a first or second revocable divorce, he may take her back as long as she is within her waiting period (), without requiring her consent or the consent of her guardian. It is sufficient for the return (rajah) for him to say: "I have taken my wife back." It is recommended to have witnesses to this. If he takes her back, she is obligated to return, unless there is a significant harm.
Secondly: The choice between separating from one's wife or marrying a second one depends on weighing the benefits and harms, and it varies according to the man's situation. This decision should be made after careful thought, deliberation, consultation, seeking guidance (istikharah), and supplication (dua').
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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