Ruling on Taking Back the Wife After Two Divorces During the Waiting Period — In Light of Fatāwā Muḥammadiyyah
Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 850
❖ Question:
What do the esteemed scholars and muftis of Islam say regarding the following issue:
The questioner, due to a domestic dispute, angrily issued two divorces at once to his wife approximately two months ago. However, the very next day, he retracted the divorce in front of his wife and her family by stating:
"I take back my words."
The question now is:
① In the light of Islamic law, is this retraction (rujūʿ) valid?
② Can I bring my wife back home?
Please issue a Sharʿī ruling in the light of the Qur’an and Hadith.
Note:
I have never issued any verbal or written divorce to my wife prior to this incident.
❖ Qur’anic Evidence:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd:
Assuming the accuracy of the question, the situation described results in the occurrence of one revocable divorce (ṭalāq rajʿī).
The waiting period (ʿiddah) for a revocable divorce is:
• Three menstrual cycles,
• Or three months (for those who do not menstruate),
• Or until childbirth (in the case of a pregnant woman).
According to the clarification provided in the question, the divorcing husband Asghar Ali retracted the divorce on the very next day.
Hence, this retraction occurred within the waiting period, and thus:
✔ The marriage bond remains intact.
✔ There is no dispute regarding the permissibility of the husband taking his wife back.
❖ Qur’anic Evidence:
Allah Almighty says:
﴿وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ وَلَا يَحِلُّ لَهُنَّ أَنْ يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۚ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنْ أَرَادُوا إِصْلَاحًا﴾
[Sūrah al-Baqarah: 228]
Translation:
"And divorced women shall wait (observe ʿiddah) for three menstrual periods. It is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back during this period, if they desire reconciliation."
❖ Explanation:
This noble verse clearly proves that during the waiting period, the husband possesses a full and established Sharʿī right to take his wife back (rujūʿ).
At this point:
✦ The wife or her family do not have the right to refuse the reconciliation.
This is reinforced by the use of the word “أحقّ” (more entitled) in the verse — a superlative form that highlights the emphasis placed by Sharīʿah on the husband’s right to take his wife back during ʿiddah.
Summary and Legal Verdict:
In light of the above details:
➤ The divorcing husband Asghar Ali, son of Ghulam Nabi, may lawfully take back and resume married life with his divorced wife Ismat Bibi, daughter of Muhammad Nawaz, because he performed the act of retraction within the ʿiddah period.
This ruling is issued based on the assumption that the details provided are truthful.
If any misrepresentation exists in the question, the responsibility lies solely on the questioner, and in that case, this fatwā will not remain applicable.
Furthermore, the issuing mufti will not be held liable for any legal complications or court proceedings arising from this case.
هٰذا ما عندي، والله أعلم بالصواب
