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Search Fatawaa


Subject : Husband-Wife Relationship during Iddah

Fatwa Number : 3738

Date : 04-01-2023

Classified : (Iddah (waiting period after divorce or death

Fatwa Type : Search Fatawaa


Question :

What is the relationship between husband and wife during Iddah (Waiting period undergone by a woman after a divorce or death of her husband) taking into consideration that the Iddah was over and the husband didn`t take her back, so the divorced changed from Raj`i into Ba`in Bainonah Soghra?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

According to jurists, in Raj`i (Revocable) divorce the woman remains married since the marriage contract is considered valid and the husband has the right to take her back during Iddah by saying words like "I take you back" or by any act of intimacy. In addition, the husband doesn`t have to seek her approval to take her back. However, if the Iddah was over and the husband didn`t take her back, then the divorce changes from Raj`i into Bai`n Bainonah Soghrah, and she becomes unlawful for him as a wife because the marital relationship between them is considered over.

It was stated in the Shafie book {Moghni Al-Mohtajj, Vol.4:219}: "It isn`t allowed for a man to explicitly propose to a woman observing Iddah of Raj`i or Bai`n bainonah Soghrah divorce. Moreover, it isn`t allowed for a man to implicitly propose to a woman observing Iddah of Raj`i divorce. This is because she is considered a married woman."

This was established by Article (92) of the Jordanian Civil Status Law (2019). This Article stated "With due regard for the provisions of Article (81) of this Law, Raj`i divorce doesn`t nullify the marriage contract and the husband has the right to take his wife back by saying words like "I take you back" or by any act of intimacy."

It is worth pointing that the Iddah of the Raj`i divorce after the consummation of marriage is  giving birth for the pregnant, three full menstruations for the woman who menstruates, and three full lunar months for the young who doesn`t menstruate or the menopause woman.

In conclusion, during the Iddah of Raj`i divorce, the woman is considered married. However, if the Iddah was over and the husband didn`t take her back, then she becomes unlawful for him as a wife. This is because the divorce has changed from Raj`i into Bai`n Bainonah Soghrah; in which case the marital relationship is considered over. And Allah the Almighty knows best. 






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