QUESTION:
As Salaamu Alaikum,
According to HANAFI FIQAH, if one divorce is given before the consummation of the marriage but after being alone, can the husband do ruju just by saying “I take you back” or “I take the divorce back, I’m not divorcing you”. A friend of mine got married to a guy, they had an argument and he gave her one divorce. Only the nikah was done. The marriage was not consummate, they met alone once (six months prior to their divorce), and she’s been living with her parents since the nikah was done. The rukhsati was not done yet. She doesn’t want to get back with him but is afraid that he might’ve done ruju without her knowing.
Jazakallah.
ANSWER:
Wa Alaikum As-Salaam
Al Jawaab wa Billahi At-Tawfeeq,
According to the Hanafi Madhhab, divorce given before consummation of the marriage results in the divorce occurring as a Talaaq Baain (irrevocable divorce). Therefore, rujoo’ cannot be done except by way of re-marrying (Tajdeed un-Nikaah)
As such, from the date the divorce was issued, her ‘lddah began (at that time). If the time has passed, then it will be considered that her ‘lddah is completed even though she had no knowledge of it being her ‘lddah.
(Haashiyah At-Tahtaawi ‘ala-Durr AI-Mukhtaar, 2/55, Rasheediyyah) (Radd AI-Muhtaar, 8/404-405, Daar Ath-Thaqaafah)
(Al Bahr Ar-Raa’iq, 3/271, Rasheediyyah)
And Allah Knows Best.
Mufti Saeed Ahmad Khan 16/03/2023.
Checked and approved by
Mufti Waseem Khan