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Divorce n ruju

Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

In the Name of Allah, Most Gracious, Most Merciful.

 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

 

Ruju’ can be made either through words or actions. As for the words, scholars divide it into categories: uttering words explicitly denoting return; for instance, saying: I take you back, or I take you back as my wife. Such words are sufficient enough. They do not require any
intention.

 

As for words that are not so clear like saying: You and I are as we were before; you come back such words require intention; however, the husband should be trusted if he says that he said so with the intent of taking her back.

 

As for actions, according to Hanafi school: intercourse, as well as foreplay and touching and kissing lustfully, are valid forms of return; they do not require intention.

 

Malikis consider any action of touching and foreplay is deemed to be valid and acceptable.

As for the Shafi’ites, action alone without intention cannot be reckoned as valid for return.

 

Hanbalis consider intercourse as indicative of return; however, foreplay is not valid without intention.

 

Based on above, I would say the majority view is that any action on the part of the husband denoting Ruju’  can be valid.

 

In light of the above, if a husband says to his wife, ‘come back to me’ it can be deemed as sufficient form of return if the husband intends to take her back.

 

Allah Almighty knows best. 

Thursday, Jan. 01, 1970 | 00:00 - 00:00 GMT

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