How Should a Husband Take His Wife Back after Divorce?
Answered by Shaykh Irshaad Sedick
Question
Based on my understanding (please correct me if I’m wrong), one must have a sound mind and only need to utter the words like “I take you back as my wife” within the iddah period of the wife. Ruju is also only valid for one and two talaq.
My country in Singapore based on syariah law requires 2 parties’ consent and the husband to utter the words in front of the qadi in order to register for the revocation of divorce. My question is whether the refusal of consent of the wife to ruju’ affects the validity of ruju? Is the ruju’ valid if it’s uttered in front of 2 witness without the wife’s presence? If the talaq has been granted by the hakam/arbitrators, is the divorce revocable?
Answer
In the Name of Allah, the Most Merciful and Compassionate. May Allah alleviate our difficulties and guide us to what pleases Him. Amin.
Please consult the local scholars who are best equipped to explain the apparent additional requirements of Ruju‘ (Taking Back One’s Wife After Divorce). Here are the requirements according to the Shafi‘i School.
Taking Back One’s Wife After Divorce (Raj‘a)
Raj’a refers to a woman’s return during her waiting period to the state of marriage after an unfinalised, non-threefold divorce. Here are some key points:
If a husband pronounces one or two divorces after sexual intercourse, he can take her back before the end of her waiting period, whether she wishes to return or not.
If either the husband or wife dies during the waiting period, the spouse inherits the obligatory share from the deceased’s estate division. Still, sexual relations are not permitted until taking her back.
If the divorce occurs before the husband has consummated the marriage or was done through compensation, he cannot take her back without remarrying her.
The return to marriage is valid by explicitly stating it, such as saying, “I return her” or “I take her back.” Witness attestation is not necessary but is recommended.
When a husband takes his wife back, she retains the number of divorce pronouncements remaining for a threefold divorce.
If a husband pronounces a threefold divorce, he cannot remarry her until she marries another valid husband, and they consummate the marriage. [Misri, ‘Umdat al-Salik & Keller, Reliance of the Traveller]
May Allah guide us on the path of righteousness and understanding.
I pray this is of benefit and that Allah guides us all.
[Shaykh] Irshaad Sedick
Checked and approved by Shaykh Faraz Rabbani
