What is the ruling on a husband's repeated departure from the marital home with the intention of divorce without explicitly uttering it, and his filing a divorce case with the court then withdrawing it? Is the recently enacted administrative divorce considered an irrevocable divorce that cannot be reversed, or is it permissible to take the wife back before the expiry of her 'iddah, knowing that the husband desires to have children and his wife is infertile and refuses polygyny?
Divorce can be explicit, in which case it does not require an intention, or implicit (kinayah), in which case it does require an intention. Merely leaving the house with the intention of not returning and divorcing does not constitute divorce. Filing a divorce lawsuit to prove it in court does not constitute divorce if it was not issued by the husband verbally or in writing with the intention. The waiting period (iddah) begins from the moment the husband pronounces the divorce, not from the issuance of the court's judgment. If the intention was to authorize the judge or lawyer to divorce the wife, the divorce takes effect upon the issuance of the judgment. However, if the husband retracts the authorization before the judgment is issued, the divorce does not take effect. The husband is permitted to reconcile with his wife before the expiration of her waiting period if it is the first or second divorce. Polygyny is permissible even without the permission of the first wife, though it is preferable to win her over and obtain her consent.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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