Is the wife considered to have been divorced by a revocable or an irrevocable divorce, based on the valid seclusion that occurred between the spouses, despite the court's ruling of a minor irrevocable divorce based on an incomplete answer from the husband, and the wife's father's refusal to amend the document?
Scholars have differed regarding the ruling on valid seclusion ( sahiha) after the marriage contract, and whether it takes the ruling of consummation (dukhul) or not. According to the view that it does take the ruling of consummation, the husband has the right to take back his wife during her ' (waiting period) as long as he had validly secluded himself with her. The judge's ruling of irreversible divorce (bainunah), based on the husband's statement that there was no seclusion, does not prevent the رجعة (return) (between the husband and his Lord), because the judge's ruling does not change the reality of the matter. However, outwardly, there must be a judge's ruling affirming the husband's right to the رجعة; therefore, the matter must be brought before the court.
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