Back to search
The question

What is the ruling on a husband divorcing his wife with a revocable divorce, with the husband intending that, in a country that issues consensual divorce documents as "irrevocable," and is a wife who was revocably divorced and returned to her husband during her iddah considered to have undergone a valid return?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If a divorce is issued by the husband, it is considered a revocable divorce (ṭalāq rajʿī) and does not become an irrevocable divorce (ṭalāq bā’in) by a judge's ruling. An irrevocable divorce by a judge's ruling is one where the judge decrees it due to a defect, harm, recalcitrance (nushūz), or absence. As for the divorce pronounced by the husband, it remains revocable even if the judge compels him to issue it and rules it to be irrevocable. The husband has the right to take back his wife as long as she is within her waiting period (idda), and it is recommended to have witnesses for the reconciliation.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
67483
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy