Articles

The Difference between Marriage (Nikāḥ) and Reinstatement (Rujʿah)
Author : Dr.Mosa Al-Zaa'tra
Date Added : 31-08-2025

The Difference between Marriage (Nikāḥ) and Reinstatement (Rujʿah) in Jordanian Personal Status Law

 

Marriage (Nikāḥ) and Reinstatement (Rujʿah) are two Islamic terms addressed in the Jordanian Personal Status Law. They differ in both form and ruling where each has its own set of conditions and corresponding juridical rulings within Islamic law.

As defined by the Jordanian Personal Status Law, Nikāḥ is: "A contract between a man and a woman who is lawfully permissible to him, for the purpose of forming a family and producing offspring." The marriage contract requires an offer (Ijāb) and acceptance (Qabūl) between the two parties, and the presence of witnesses is obligatory, as it entails legal and Sharia-based rights and duties related to the family, such as the rights of the wife and husband, establishment of lineage, the prohibition due to marital relations, inheritance, and others.

On the other hand, Rujʿah refers to the reinstatement of the wife into her husband’s marital authority after a revocable divorce (Talāq Rajʿī), without the need for a new contract.

Rujʿah provides an opportunity for the couple to reconcile and return to married life. It involves a waiting period known as the ʿIddah (waiting period after divorce). During this period, the couple remains bound by the marriage contract. If they decide to reunite before the end of the waiting period, married life can resume, reducing the number of divorces available to the husband as prescribed by Islamic law.

First: Definition of Rujʿah

A. Linguistically: The term Rujʿah is derived from Arjaʿa or Yurjiʿu, meaning "to return" or "to restore." The verb is transitive, and the object is Marjūʿ (restored) [1].

When a couple "Tarājaʿā," it means they returned to married life after divorce. Allah The Almighty Says (What means): "So if he has divorced her [for the third time], then she is not lawful to him afterward until she marries a husband other than him. And if the latter husband divorces her, there is no blame upon them for returning to each other." [Al-Baqarah/230].

B. Technically (in Islamic Jurisprudence):

Ḥanafīs define it as: "Rujʿah is the act of taking her back with the intention of retaining [the marriage]."[3].

Mālikīs define it as: "The return of the divorced woman to the marital authority without renewing the contract."[4].

Shāfiʿīs define it as: "Returning the woman to the marriage after a non-final divorce during the waiting period, in a specific manner."[5].

Ḥanbalīs define it as: "Reinstating a non-finally divorced woman to her previous status without a new contract."[6].

C. Definition in Law:

The Jordanian Personal Status Law defines it in Article (98):

"The husband has the right to reinstate his (revocable divorced wife) during the waiting period by word or action. This right is not forfeited by waiver, and reinstatement does not depend on the wife’s consent. No new dowry (Mahr) is required for it."

There is a legal distinction between the two terms in the Personal Status Law regarding guardianship, witnesses, consent, and formulation.

Second: Key Differences between Nikāḥ and Rujʿah

A. Regarding Guardianship (Wilāyah):

In Nikāḥ: A guardian is required, and he must be sane, mature, and Muslim if the bride is Muslim, as stated in Article (15) [7]. In Rujʿah: No guardian is required at all.

In Nikāḥ: Under Article (16), the consent of one guardian regarding the suitor overrules the objections of others if they are of equal degree. The consent of a more distant guardian in the absence of a closer one overrules the objection of the absent guardian. Implied consent is equivalent to explicit consent.

In Rujʿah: The guardian’s consent is not considered, as it is a right granted by Sharia. As stated in Article (98), the husband’s right to reinstatement does not require the wife’s consent.

In Nikāḥ: Under Article (17), if the closest guardian is absent and waiting for him would harm the bride’s interest, the right of guardianship transfers to the next in line. If consulting the next is impossible or he is unavailable, the right transfers to the judge.

In Rujʿah: The guardian’s absence has no effect.

In Nikāḥ: Under Article (18), if a guardian wrongfully prevents (ʿAthl) [8] the marriage of a virgin who has reached 16 solar years of age, the judge may authorize her marriage upon request.

In Rujʿah: It is forbidden for a guardian to prevent the husband from reinstating his wife as long as she is in the waiting period.

In Nikāḥ: Article (19) distinguishes between a virgin (Bikr) and a non-virgin (Thayyib) regarding the requirement of guardian consent: "The consent of a guardian is not required for the marriage of a sane, non-virgin woman who has reached eighteen years of age."

In Rujʿah: Guardian consent is not required, whether the woman is a virgin or non-virgin.

In Nikāḥ: Under Article (20), the judge’s authorization for marriage per Article (18) is conditional on the dowry not being less than the standard dowry (Mahr Al-Mithl).

In Rujʿah: There is no dowry.

B. Regarding Witnessing (Ishhād):

Witnesses are not required for Rujʿah, whether by word or action. However, the majority of jurists—Ḥanafīs, Mālikīs, Shāfiʿīs (in the new opinion), and Aḥmad (in one narration)—recommend having two just witnesses and informing the wife to avoid disputes and enable proof in case of denial.

In Nikāḥ: There is consensus on the requirement of multiple witnesses. [9].

C. Regarding Consent (Riḍā):

The fundamental difference lies in the role of consent:

In Nikāḥ: Consent is essential. [10]

In Rujʿah: Consent is not considered [11]. If the wife or her guardian refuses her return to the husband, this refusal has no effect on the reinstatement. In contrast, lack of consent in Nikāḥ invalidates the contract.

D. Regarding Formulation (Ṣīghah):

Nikāḥ must be conducted with explicit words, such as "Nikāḥ" or "Tazwīj." Rujʿah may be effected by words or actions [12].

In Nikāḥ: The consent of the wife and her guardian (if she is a virgin) or her consent alone (if she is non-virgin) is required.

In Rujʿah: In the case of a revocable divorce, the consent of neither the wife nor her guardian is required [13].

In Nikāḥ: Witnesses are obligatory.

In Rujʿah: The law does not require witnesses and remains silent on the matter [14].

These differences highlight the essential distinctions between Nikāḥ and Rujʿah in the Jordanian Personal Status Law. Nikāḥ is a contract between a man and a woman that requires a guardian, witnesses, a formal offer and acceptance, and the consent of both parties. Rujʿah, on the other hand, is the reinstatement of the wife into her husband’s marital authority after a revocable divorce by his unilateral will. It does not require a guardian, witnesses, or the wife’s consent as long as she is in the waiting period.

________________________________________

References:

[1] ʿAbd Al-Ḥamīd, Aḥmad Mukhtār, et al. (1429 AH). Muʿjam Al-Lughah Al-ʿArabīyah Al-Muʿāṣirah (1st ed. /Vol.2/pp.860). ʿĀlam Al-Kutub.

[2] Qur’an, [Al-Baqarah/230].

[3] Al-Kāsānī, Abū Bakr Ibn Masʿūd. [Badāʾiʿ Al-Ṣanāʾiʿ Fī Tartīb Al-Sharāʾiʿ/Vol.2/pp.330].

[4] Al-Dasūqī, Muḥammad Ibn Aḥmad. [Ḥāshiyat Al-Dasūqī ʿAlā Al-Shariḥ Al-Kabīr/Vol.2/pp.415].

[5] Al-Shirbīnī. [Mughnī Al-Muḥtāj Ilā Maʿrifat Maʿānī Alfāẓ Al-Minhāj/Vol.5/pp.3].

[6] Abū Al-Najā, Mūsā Ibn Aḥmad. [Al-Iqnāʿ Fī Fiqh/Al-Imām Aḥmad Ibn Ḥanbal/Vol.4/pp.560]. Ed. ʿAbd Al-Laṭīf Muḥammad Mūsā Al-Subkī. Dār Al-Maʿrifah.

[7] Jordanian Personal Status Law/Article/15.

[8] Definition of ʿAthl (prevention).

[9] Juristic references: Al-Kāsānī [Badāʾiʿ Al-Ṣanāʾiʿ; Al-Numayrī, Al-Kāfī Fī Fiqh Ahl Al-Madīnah]; Al-ʿĀṣimī, [Ḥāshiyat Al-Rawḍ Al-Murabbaʿ].

[10] Jordanian Personal Status Law, Article 16.

[11] Jordanian Personal Status Law, Article 98.

[12] Jordanian Personal Status Law, Article 7.

[13] Jordanian Personal Status Law, Article 98.

[14] Jordanian Personal Status Law, Article 8(A).

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Summarized Fatawaa

What is the ruling on praying seated due to severe obesity, given that I experience hardship in performing the prayer — especially when rising from the ground after sujūd to perform the next rak‘ah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Standing, when one is able to do so, is a pillar of the prayer. However, whoever would experience severe, intolerable hardship, or fears harm to himself or to a limb due to obesity, or finds that standing causes him to lose his khushū‘ (humble focus and concentration) in prayer, then there is no objection to his praying seated on a chair or on the ground, performing rukū‘ (bowing) and sujūd (prostration) through gesture — provided that the gesture for sujūd is made lower than that for rukū‘. Whoever is able, at any point, to properly perform any one of these pillars, is obligated to perform it in full; for omitting it is a concession that applies only in cases of genuine inability. The Prophet ﷺ said: "When I command you to do something, do of it whatever you are able." (Related by al-Bukhārī). As the scholars of fiqh have established: what remains possible is not waived on account of what is difficult.
The criterion for determining genuine inability, as chosen by Imam al-Ḥaramayn al-Juwaynī (raḥimahullāh), is that the worshipper experiences hardship that causes him to lose his khushū‘.
As for voluntary (nafl) prayer, there is no objection to performing it while seated, even if one is able to stand. However, rukū‘ and sujūd must still be performed [in their proper physical form] by anyone who is able to do so. And Allah, the Exalted, knows best.

What is the ruling of Islam on swearing by Allah without intending to take an actual oath?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone swears by Allah without intending to take an actual oath, and without the firm resolve to bind themselves to it, then there is no sin or expiation (Kaffarah) required of them. Allah the Exalted says {what means}: 'God will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing.' [Al-Baqarah/225]. However, a Muslim should avoid swearing oaths excessively so that their tongue does not become accustomed to it. Allah the Exalted says {what means}: 'And make not God’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for God is One Who heareth and knoweth all things.
' [Al-Baqarah/224]. And Allah the Exalted knows best."

Is it permissible to slaughter sacrificial animals in public squares and streets?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The slaughtering of sacrificial animals (udhiyah) should take place in locations designated for slaughter, such as abattoirs (slaughterhouses), or in sites allocated by the relevant authorities for this purpose.
 
It is not permissible to perform slaughtering in a random or haphazard manner—such as in public squares, on roadsides, or in front of houses—in a way that creates health hazards, causes public nuisance, or endangers public safety. And Allah Almighty knows best.

Is it permissible for a suitor to go out with his fiancé upon the conclusion of the marriage contract?

Upon the conclusion of the marriage contract, the woman becomes lawful for her husband. However, the customary practice should be observed in this regard since rights could be lost in case of divorce, or death.