Is the divorce considered void, and does the wife return to him after what happened of embracing, kissing, sleeping beside each other, and intercourse without penetration following the divorce, and is it permissible to conceal that from her to avoid problems?
The jurists have agreed that revocation (رجعة) after a revocable divorce (طلاق رجعي) occurs verbally. They differed concerning revocation through action. What we have favored is that revocation does not occur through enjoyment of anything less than intercourse. What is called intercourse without penetration does not constitute valid revocation, because it is not considered actual sexual intercourse.
We draw attention to three matters: 1. The has its etiquette regarding intimacy with a menstruating woman. 2. Intention resides in the heart. 3. It is not permissible for a woman to request divorce without a legitimate Shar'i reason.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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