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The question

Is a husband's waiver of his right to take back his wife after a revocable divorce valid, given that the waiver was made under duress?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that a separation resulting from khul' (divorce at the wife's instance with compensation) or divorce for a financial consideration renders the woman irrevocably separated, and the husband cannot take her back without a new marriage contract. As for a divorce without compensation, the husband retains the right to take her back during her ' (waiting period). The agreement of both spouses to waive the right of return in a revocable divorce is a matter of scholarly disagreement. The correct view is that the right of return is a right belonging to Allah Almighty, and they are not permitted to agree to waive it. Issues involving disputes and litigations cannot be resolved by a (religious edict); rather, they must be referred to the court.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
141119
Imported
Translation status
Source text, unreviewed
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