Fatwa ID: 04860

Answered by: Mufti Mohammed Tosir Miah

Question

I was in my iddah and my ex-husband’s sister in law contacted me via text message saying she had heard he may be contacting me or my family soon but he never did till after 2 weeks after I completed my iddah. Please confirm if I’m still divorced Islamically since he failed to contact any of my family members or me in time. What his sister in law told me was not for sure as she had not heard him say it himself either (her husband told her about it) so I treated it as a few Chinese whispers nothing to take seriously.

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

Answer

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 effecting 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)

To effect a rujuu by speech the husband can say, “I have taken you back”, or “I have retained you”. Rujuu will be effected 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 Muhtar p.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 effect rujuu. (Ibid)

Regarding your question, your husband’s sister sent a text and saying that her brother may revoke the divorce would not be considered as revoking the divorce. Therefore, at the expiry of your iddah the nikah will terminate and you will be freed to marry whoever you wish.

Only Allah Knows Best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham