Is it permissible for a man to take back his officially divorced wife during her iddah (waiting period) without her family's knowledge or governmental registration? And is this considered a legitimate marriage or zina (fornication)? Is the consent of the adult son sufficient as a guardian for his mother? And are the adult children considered witnesses in this case? And is the money the mother receives from her father's pension, as a divorcee, considered unlawful if she is still legally married?
If the divorce is revocable and the father takes the mother back during her ' (waiting period), then the return is valid, and the knowledge of the family or the wife is not a condition. However, not officially documenting it leads to detrimental consequences. If the divorce is irrevocable (ba'in), then the return is not valid except with a new contract and a new dowry, in the presence of the woman's guardian (wali) and two witnesses. The father must present his issue to scholars. As for the allowance granted by the state to a divorced woman, she is not entitled to it unless she is actually divorced, and it is not permissible to use deception to obtain it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 194329
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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