Husband divorced his wife and took her back without witnesses

15-9-2004 | IslamWeb

Question:

My husband divorced me one Talaaq and during the Iddah he came and saw me I lived by myself and asked me to go back together there were no other person with us I said yes thinking that it was allowed but after a few weeks he divorced me again saying that he was scared of what his family might say cause the first divorce ended in an ugly way. I wanted to ask if a witness is needed when a man (asks his wife that he divorced) during the Iddah to take her back. And if that Rajaah and the second divorce stands.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

If a woman is divorced a revocable divorce, it is permissible for her husband to take her back without a new contract or dowry. It is not even a condition that witnesses be present, but this is desirable according to the majority of the Islaamic jurists. So it is correct for your husband to take you back. As regards divorce, since your husband had uttered it, then it is considered as a divorce, and in this case it is a second divorce.

Finally, we draw your attention that each spouse should solve the problems that might occur (between them) with wisdom and prudence, as the consequences of hasten to divorce are usually regretted.

Allaah knows best.