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Is it permissible for a divorced woman, whom her husband took back before the expiration of her waiting period, to demand the legal consequences of the marital bond as ruled by the judge, given that she did not depart from her husband’s marital bond according to Sharia in the Maliki school of thought?

1 min readAlso available in العربية

If a man divorces his pregnant wife with a talaq bain (irrevocable divorce), she is unanimously entitled to maintenance and lodging until she gives birth, because the fetus is his child, and he cannot provide for it except by providing for her. If he remarries her during her iddah (waiting period), she has the right to maintenance and housing rent for the period from the time of divorce until the time of their return to each other. This right is not forfeited unless she voluntarily waives it.

As for the questioner's statement that his wife has not legally left his ismah (marital bond) according to the Maliki school, the Maliki school holds that every divorce pronounced by a judge is an irrevocable divorce, except for the divorce of the mooli (one who swears not to approach his wife) and the one who is unable to provide maintenance. If the divorce is due to inability to provide maintenance, it is a revocable divorce according to the Malikis, but irrevocable according to the Shafi'is and Hanbalis. Furthermore, the Maliki school permits divorce due to harm, and this divorce is irrevocable.

Based on this, whether the divorce was irrevocable or revocable, his wife is entitled to maintenance from the time of the divorce until her return to him.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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