What is the ruling regarding the return of a wife, who waived her rights in exchange for divorce, and then her husband divorced her while he does not recall whether he agreed to the waiver or not, and he did not intend to give her her rights or deprive her of them at the time of the divorce, and he did not give her anything after the divorce before taking her back into his عصمة (marital bond)?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If a couple disputes over khul' (divorce at the instance of the wife, with compensation), where the wife claims khul' and the husband denies it, then the husband's word is to be accepted, and he is to be believed upon his oath, because the default assumption is the absence of compensation. If the divorce was not a second or third divorce, then the husband's revocation of the divorce (raj'ah) is valid as long as her waiting period () has not expired.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 172829
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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