Is it permissible to agree with the husband on a revocable divorce with the intention of returning after the 'iddah (waiting period) through a new marriage, for the purpose of overcoming family problems and the husband's financial and health circumstances that prevent him from providing an independent residence and maintenance?
A wife's patience and support for her husband are commendable. She has the right to a private dwelling where no one else lives with her, and this is the view of the majority of jurists.
The idea of divorce, waiting for the ' (waiting period), and then a new marriage contract is not advisable due to the risks and uncertainties involved. Instead, it is better to stipulate a suitable private dwelling.
Divorce is reprehensible if there is no need for it, and it may even be forbidden. If a husband divorces his wife with a revocable divorce for the first or second time, he has the right to take her back even if the wife dislikes it, because the right of return (ruj'ah) is a right of Allah and is not forfeited by the waiver of either party.
If the 'iddah ends without a return (ruj'ah), the wife becomes irrevocably divorced with a minor separation (baynunah sughra). The husband cannot take her back except with a new marriage contract, fulfilling its conditions, and she has the right to refuse it.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/8215
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 8215
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy