What are the consequences for a husband who divorced his wife after consummation, and concealed from the judge the occurrence of privacy and intercourse at her request, so she waived the dower, and now she asks to return to him?
Divorce after consummation without compensation is a revocable divorce, in which the husband may take back his wife as long as she is within her waiting period (). As for divorce before consummation or divorce with compensation (khul'), it is an irrevocable divorce, and the wife cannot be taken back after it except with a new contract. Irrevocable divorce is of two types: major irrevocable divorce (three divorces) and minor irrevocable divorce (divorce with compensation). In the case of minor irrevocable divorce, the husband does not have the right to take his wife back, but he does have the right to a new contract. If the judge rules that the divorce is irrevocable due to the absence of valid seclusion (nifiy al-khalwah), and the divorce occurred after consummation and was not for compensation, then the divorce is revocable. The judge's designation of it as irrevocable does not harm you both as long as the iddah is still ongoing.
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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