Is a divorce effected by the phrase, "I cast upon her an oath of divorce," and can the wife be taken back without an officiant after the husband utters that?
The disobedient wife is one who disobeys her husband, and Islamic law provides wise steps to address this. Divorce occurs if it is conclusive and explicit. The husband may take back his divorced wife, after a first or second divorce, without a new contract. It is recommended to have witnesses for the reconciliation (raj’ah). The wife in her revocable waiting period (iddah) is not permitted to leave the marital home, nor is the husband permitted to expel her, because she is considered to be still married, as Allah Almighty says: "Do not expel them from their homes, nor should they leave, unless they commit a clear immorality." Sexual intercourse with a revocably divorced wife during her waiting period is considered a valid reconciliation by some scholars. Spouses should seek wisdom in resolving problems. The husband should avoid anger and words of divorce, and the wife should recognize her husband's status and honor his mother. The statement about feeding sixty poor people in this case is a statement without knowledge, and it is a grave sin that requires repentance.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/108361
- Source platform
- Ftawy
- Original fatwa ID
- 108361
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy