Marital rulings arising from revoca...

Egypt's Dar Al-Ifta

Marital rulings arising from revocable divorce

Question

What is a revocable divorce and what are the legal consequences arising from it?

Answer

A revocable divorce (talaq raj’i) is a form of divorce in which the number of divorce pronouncements are less than three, and in which the husband may take back his wife during the waiting period without the need for a new marriage contract.

There is no disagreement among jurists that a woman who has undergone a revocable divorce is subject to all the rulings of marriage, including:

  • Being prohibited to marry another man.
  • The marital bond remaining in force, allowing the husband to take her back whenever he wishes, even without her consent, as long as she is still in her waiting period.
  • Inheriting from her husband if he dies while she is still in the waiting period.[1]

And Allah Almighty knows best.

 

 


[1] Al-Babarti, Al-ʿInayah Sharh al-Hidayah, vol. 4, p. 174; Al-Juwayni, Nihayat al-Maṭlab, vol. 14, p. 48; Ibn Qudamah, Al-Mughni, vol. 7, p. 519.

 

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