[Q 690] Wife’s Statement on Rujoo’ After Iddah

Question

If a man is able to divorce his wife or retract that divorce without her being present. Then why is the woman’s statement taken into consideration when he mentions after the waiting period ends…

“I had taken her back” or “I had taken you back” and she denies this?

بسم الله الرحمن الرحيم
الجواب بعون الملك الوهاب اللهم هداية الحق والصواب

Answer

The Shariah has given the husband the right of rujoo’ (taking her back), so he can take her back during her ‘iddah without her consent. However, if he claims to have taken her back after the ‘iddah has passed, this goes against his apparent state, because if he had taken her back, he would have expressed it to someone or another. Now, if the woman confirms his claim, the accusation of it being against apparent facts or a lie will be removed. Therefore, the woman’s statement is given credence here. Otherwise, if he had claimed to have taken her back during the ‘iddah and the woman denied it, then the husband’s statement would have been preferred, because the husband’s authority is still intact, and by claiming to have taken her back, it would be considered that even if he hadn’t done so before, it has now occurred since the period is still remaining. But after the period has passed, the situation is different.

As it is stated in Bahar-e-Shariat:
If he says after the ‘iddah has completed that “I took her back during the ‘iddah,” and the woman confirms it, then the rujoo’ has occurred. If she denies it, then it has not.

(Bahar-e-Shariat, vol. 2, p. 175, Matbu’ah Maktabatul Madinah)

And in Hidayah, its reason is stated with these words:

وإذا انقضت العدة فقال كنت راجعتها في العدة فصدقته فهي رجعة وإن كذبته فالقول قولها ” لأنه أخبر عما لا يملك إنشاءه في الحال فكان متهما إلا أن بالتصديق ترتفع

(Al-Hidayah, vol. 2, p. 254, Dar Ihya al-Turath al-Arabi)

Answered by: Usman Madani (AskMufti Scholar)
Verified by: Mufti Sajid Attari
Translated answer
Date: 30th July 2026