Rejecting Husband’s Return

A woman is divorced by her husband, and she is in the waiting period. Does she have the right to reject her husband who wants reconciliation?

It is up to a man’s good intention to return to his wife. The Glorified Allah commands:
And their husbands have more right to take them back in this [waiting period] if they want reconciliation. (Al-Baqarah/The Cow 2:228)

That means, if the man can get back together with his wife by the end of the waiting period, then he has the priority to get back to his wife within this period. However if he has no intention to reconcile; for instance if he performs the divorce according to its rules, and then gets back to his wife within the waiting period and divorces her again before the waiting period ends, then this return would be invalid and by the end of the waiting period, his relationship with his wife would be dismissed.

Man also cannot get back to his wife in order to hurt her or extend the waiting period. Allah The Almighty commands:
And when you divorce women and they have fulfilled their waiting period, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not make the verses of Allah an instrument of your desires. Remember the boons of Allah upon you. He advises you by the Book and the correct information He has revealed to you. And fear Allah and know that Allah is Knowing of all things. (Al-Baqarah/The Cow 2:231)

Woman who is in the waiting period has right to reject her husband.  This rejection expresses the woman’s will to divorce. If she chooses to divorce from her husband by the end of the waiting period, then this is taken as a divorce originating from the woman, that is iftidaa.

For details about iftidaa, please visit:
http://www.islamandquran.org/fatwas/the-womens-right-to-divorce-iftida.html

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Date: Jan 11, 2014