Fatwa ID: 05202
Answered by: Alimah Fatima Begum
Question 1). Is it permissible for him to affect Rujju during her iddah by engaging in the haram act of consensual anal intercourse where some form of kissing/touching is inevitable?
Question 2). He wants to affect Rujju during her iddah and has actioned this via a halal method (e.g. halal intercourse) but despite her consent to this act, her niyyah was NOT for a permanent reconciliation and she is still doubting whether to stay in the relationship. Has rujuu been affected regardless of her niyya?
In the name of Allah the Most Beneficent, the Most Merciful
The choice of taking the wife back lasts only during the iddah period. At the expiry of this time, the rujuu also expires. (Bahrur Raaiq p.50 v.4)
The jurists have listed two ways of affecting rujuu, one by speech and the other by action. It is more praiseworthy to make rujuu by speech rather than action. (Raddul Muhtar p.24 V.5)
The jurists have placed the condition of there being lust and desire on the part of either the husband or wife if rujuu is initiated by action. If there is no desire then rujuu is not affected. Therefore, touching the wife, have intercourse with her, kiss her including her face, forehead, and lips, and also touching her with or without an intervening cloth where the heat of the body is felt with desire, will affect rujuu. (Ibid)
Narrated Abu Hurayrah RadiAllahu Ahn: The Prophet (ﷺ) said: He who has intercourse with his wife through her anus is accursed. (Sunan Abi Dawud Book of Marriage Hadith 2162)
The condition for rujuu initiated by action is that there must be lust or desire from either the husband, wife, or both. Sexual intercourse does not need to take place. Therefore if a couple engaged in anal sex with desire the rujuu will be valid. But one must understand that anal sex is haram and if one practices it, he will be sinful.
The conditions for rujuu have been mentioned above. With regards to your question, if the couple engages in sexual relations during the iddah then the divorce is revoked. Intention to reconcile is not a condition and the marriage will be valid.
Only Allah knows best
Written by Alimah Fatima Begum
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham