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Is the wife's request to return after an irrevocable divorce (baynunah sughra) her right as long as she has repented, and would the husband's refusal to take her back be considered an injustice to her?

1 min readAlso available in العربية

A wife divorced with a revocable divorce (first or second) has the right for her husband to take her back during her 'iddah (waiting period) (three menstrual cycles for a non-pregnant woman, and delivery for a pregnant woman). Taking her back during the 'iddah is a right for the husband, not an obligation upon him. After the 'iddah ends, the divorce becomes a minor irrevocable divorce (baynunah sughra), and in order to take her back, a new contract and a new mahr (dowry) are required. The husband is not obliged to take his wife back, whether during the 'iddah or after it. The wife's repentance from requesting divorce does not obligate him to take her back.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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