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The question

What should a wife whose husband has revocably divorced her do during her waiting period (iddah), when he does not wish to reconcile with her or finalize the divorce, and refuses to grant an amicable (bara'ah) divorce unless she bears the court costs, knowing that Egyptian law includes the deduction of a portion of the dowry? Who bears the costs of the Court of Cassation?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The question is unclear. However, if the husband divorced his wife and did not take her back until her waiting period () expired, then she has become irrevocably separated from him, and there is no way for him to return to her except through a new marriage contract, subject to the conditions of marriage. If he took her back during her iddah, then the return is valid. If the wife is harmed by remaining with him, she has the right to seek a divorce. If the husband does not respond, she should refer the matter to the court to compel him to divorce or to agree to a khul' (a form of divorce initiated by the wife). The husband is obligated to provide for her maintenance as long as she is in her iddah, and she is entitled to the full mahr (dowry). Reconciliation is advised, as divorce has negative consequences for children. If there is a dispute, it is best to refer the matter to the Sharia court.

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Where this answer came from
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Ftawy
Original fatwa ID
95546
Imported
Translation status
Source text, unreviewed
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