What is the ruling on a judge divorcing a wife without the husband's consent or a valid legal reason, and is it permissible for the husband to take her back?
If a judge rules to divorce a woman, it is assumed that he would not rule as such except for a legitimate Sharia reason. A judge's ruling is not to be overturned unless it violates a consensus (Ijma') or a clear textual evidence (Nass). Divorce is in the hands of the husband, but a judge may divorce a woman to remove harm from her. The divorce is revocable (raj'i) if the husband pronounces it, even if compelled by the judge. However, if the judge pronounces it, it is an irrevocable divorce (ba'in), except in cases of insolvency in maintenance (nafaqa) and ila' (vow of abstinence), where it remains revocable. An irrevocable divorce necessitates a new marriage contract for remarriage, whereas a revocable divorce allows for reconciliation as long as the woman is within her waiting period (').
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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