[Q 409] Understanding Raj’at After Divorce

QUESTION:

Salam dear honourable ulama of ahl e sunnat. I hope that you are in the best of health and imaan.
A relative had one question regarding rijat (رجعت) could you please tell what is it. And how to know if one person has it?

ANSWER:

بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایة الحق والصواب

(1)…The woman who has been given a Raj‘i Talaaq (رجعی طلاق – revocable divorce), to retain her in the same nikah during her ‘iddah (waiting period) is called rujoo‘ (رجوع – return/revocation of divorce).

(2)…The Sunnah (prophetic way) method of doing rujoo‘ is that the husband uses words to declare the revocation and appoints two just (‘aadil) witnesses to it and also informs the woman so that she does not marry someone else after her ‘iddah. If the husband does rujoo‘ but the woman unknowingly marries another man, then she will be separated from the second husband, even if consummation of the marriage has taken place, because the marriage was invalid. If the husband performs rujoo‘ verbally but does not appoint witnesses, or appoints them but does not inform the woman, then it is Makrooh (disliked) and against the Sunnah, but rujoo‘ will still be valid. If he performs rujoo‘ through action—such as intercourse or kissing her with desire or something similar—then rujoo‘ has occurred, but it is Makrooh. Therefore, he should again declare rujoo‘ verbally in front of witnesses.

(3)…For rujoo‘, the consent of the woman is not required. Even if she refuses, the rujoo‘ is still valid. In fact, even if after giving divorce, the husband says, “I have invalidated my right to rujoo‘” or “I no longer have the right to rujoo‘,” he still retains the right to perform rujoo‘.

(Bahar-e-Shariat, Raj‘at ka Bayan, vol. 2, pp. 170–172, summarised)

Note: For further information regarding rujoo‘, please refer to “Raj‘at ka Bayan” in Bahar-e-Shariat, Part 8.

Answered by: Usman Madani (Ask Mufti scholar)
Translation checked by: Muhammad Zunurain Attari
Date: 2nd June 2025