What is the ruling on a wife who left the marital home and refused to return, claiming she is divorced and demanding rights inconsistent with Islamic Sharia, knowing that the husband had uttered the oath of divorce in a state of extreme anger, and then took her back via phone and fax?
If a husband takes back his revocably divorced wife during her 'iddah (waiting period), she legally returns to being his wife. Her knowledge or consent is not a condition for the validity of this return, as Allah Almighty says: "And their husbands have more right to take them back in that [period] if they want reconciliation." Thus, if the divorce was revocable, and the return occurs before the 'iddah expires, she is legally his wife, and her refusal does not affect this. She is considered disobedient (nashiz) if she refuses to obey him. However, if the divorce was irrevocable (ba'in) or if the 'iddah has expired, he has no claim over her. We advise both spouses to fear Allah and to uphold their legal rights and duties. We remind the wife of the obligation to submit to the command of Allah Almighty, for He says: "It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair."
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- Source platform
- Ftawy
- Original fatwa ID
- 40561
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
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