How should ruju be done if my husband wants to revoke the one divorce that he gave me?

Fatwa ID: 02735

Answered by: Moulana Muhammad Imad Ali​

Question:

Assalamu Alaikum Wa Rahmatullah!

My husband said you are divorced only once. Once only. Then he asked me to forgive and kissed me and hugged me within the same day and said this was needed for ruju’. In the same day, I got news of being pregnant. But I have bleeding at some time even the pregnancy doctor advised me to avoid intercourse since the day of the event so we cannot have actual ruju’. Is it necessary for us to have intercourse for ruju or not?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful.

Answer:

Assalamu Alaikum Wa Rahmatullahi Wa Barakaatuh,

The jurists have listed two ways of effecting ruju: one by speech and the other by action. It is more praiseworthy to make ruju’ by speech rather than action. (Raddul Muhtaar pg.24 V.5)

To affect a ruju’ by speech, the husband can say, “I have taken you back”, or “I have retained you”. Ruju’ will be affected whether the wife is in front of him or not, however where the wife is not present it is best to have two witnesses. (Raddul Muhtaar pg.25 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, to touch the wife, have intercourse with her, to kiss her including her face, forehead and lips and also to touch her with or without an intervening cloth where the heat of the body is felt with desire, will affect ruju. (ibid)

Therefore, it is not necessary to have intercourse as explained above.

Only Allah knows best

Written by Moulana Muhammad Imad Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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