Rulings on taking back after divorce and the opinions of the jurists,
Rulings on taking back after divorce and the opinions of the jurists, |
Return after divorce:
* The jurists have defined a return as: the man returns his wife after her first or second divorce, a non-definitive divorce * during the waiting period * without a new contract or dowry; To maintain the marriage, God -taaly said - :( divorce twice Vamsak good, or layoffs in truth it is not permissible for you to take your Ateetmohn than anything but Akhava not forge a limits of God, the interpretation of the limits of God is not forge a stand on them with those Avcdt by the limits of Allah do not transgress them And whoever transgresses the limits of God, those are the unjust.)
* God - may He be glorified and exalted - has legalized the husband's right to return his wife to his infallibility during the waiting period, with her consent or without her consent. This is due to his entitlement to do so; As it was mentioned in the Holy Qur’an, the Almighty’s saying: “And their dependence is more entitled to their return in that if they want a reform.” How to take back after divorce How to take back in a revocable divorce If a man divorces his wife is not definitive, and she is still in the waiting period, then he may refer her to his marriage contract, and from the Sunnah the attestation * to take back,
* Some of the jurists said that it is obligatory to testify in this, and the return is done by two methods, namely: ADVERTISING, by saying: The man says to his wife: “I brought you back,” or “I turned you back to my infallibility,” or “I took you back.” These are clear statements about taking back that are valid without intention. But if the sayings indicate an indication of the return, such as: “You are with me as you were,” then he must summon the intention, and ask him about his intent, and the jurists have agreed on the validity of the return by saying, or what takes its place if it is not possible to say, such as: the understandable sign of al-Akhras, or Clear writing.
* Returning in action: The sayings of the jurists differed regarding how to actually return, as follows:
Shafi’iism: It is not valid to take back an act of intercourse or its introductions *, and it is not valid except by saying only. Maliki: Reverting actually takes place from intercourse and its introductions, provided that the intention is to be returned.
Hanbali: Taking back intercourse is valid only, and it is not valid with the precursors to intercourse that are below it.
The Hanafis: they went to the validity of the return, if it was by intercourse or its introductions. How to return in a final divorce, as was clear from the previous definition of revocation, because the return is in the divorce in which the husband is independent by the will to return without being restricted by a new contract or a request for anyone’s consent.
* Likewise, as is evident in the conditions of return, as it is stipulated that it should be from a revocable divorce. Based on that, irrevocable divorce is irreversible, but the marriage is repeated in the following manner. If the return in the irrevocable divorce was a minor Baynunah, like someone who divorced his wife without three divorces and did not return her, and her waiting period ended, then wanted to restore the marital life, then how to do that by procedures such as the new marriage as the dowry, the guardian, the new contract, and her consent are required.
If the return is from a final, final divorce, like a person who has divorced his wife, the third divorce, then it is not permissible for him to return her even during the waiting period unless she marries another husband and he divorces her or dies on her behalf, then he can marry her again with a new contract and dowry with her consent.
Conditions for return after divorce:
It is permissible for the husband to return his wife if he divorces her under conditions, whether it is the first or second divorce, and that is as follows: The husband must be competent, as he must be of sound mind and adult, so taking back is not permissible for an apostate, drunk, insane, or boy, because they are They do not have the full will. For the correct entry to be made by the wife, as she must have been divorced after consummation,
- But if the divorce took place before consummation, there is no reversion in this divorce. This is because there is no kit for a divorced woman before entering. As evidenced by saying the Almighty: (O ye who believe! If Nkanm believers then Talegtamohn before that what you Tmsuhen them from several Tatdunha Fmtaohn and Sarhohn Sraha beautiful).
* That it is prescribed to take back an act, or to say after the revocable divorce. [That the return is not after the third divorce; Return is after a revocable divorce. Any first or second shot only; Because the third divorce is a major irrevocable divorce, and it has its own provisions. That the return takes place during the waiting period in the first and second divorce, and it is not permissible after the end of the divorce waiting period. It is three menstruation for women with menstruation and three lunar months for women who do not menstruate.
* That the divorce is not in return for compensation; Because divorce in return for compensation paid to the husband is a final divorce, not a retroactive divorce. The form of return is not direct, so it is not permissible for the return to be conditional on an act, such as saying: “I took you back if so-and-so” came, and not to be limited to a time, day, or month As if he says, "I checked you out after a week."
* What is not required for the return after the divorce There are things that are not required for the validity of the return, and they are valid without them, including: the absence of a requirement for the woman's acceptance and consent to return to her husband in a revocable divorce without a final one. Because taking back is the husband's right; The evidence for His - the Most High - said: (And their dependence deserves to be returned to them).
* Not requiring women to be informed of the return; However, it is considered a delegate. The testimony of people to take back, and it was disputed as follows: The majority of scholars went that testimony is not a condition for the validity of the return, but it is desirable. So that the woman does not deny it after the iddat has passed. Al-Dhahiriya went on to state that certification is a condition for valid return. Mstdelan it from the Koran, saying the Almighty: (If you have reached Ojhin good, or confine them Varkohn with kindness and justice you testify that mercy testimony to God; that is preached by Whoever believes in Allah and the Last Day, and whosoever fears Allah makes his way out) after a divorce judgment irreversibility originally Taking back is permissible, but its ruling varies according to the case
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