🚪 Divorce, ʿiddah & rujuk · #65

After a revocable (raj'i) talak, husband and wife still live in the same house. What is allowed and what is not?

A wife in the ʿiddah of a revocable talak stays in the marital home and is entitled to maintenance; according to the Shafi'i school, intercourse without words of reconciliation is not counted as reconciliation and is forbidden, so to resume the marriage, pronounce rujuʿ first.
Allah forbids turning divorced women out of their homes during the ʿiddah, for perhaps Allah will bring about something new (at-Talaq 65:1) — that is, a chance of reconciliation. In this period the wife may adorn herself at home in the hope of reconciliation, and the husband is encouraged to reconsider. But free intimacy as husband and wife without rujuʿ is not permitted in the Shafi'i school. If you want to continue the marriage, pronounce rujuʿ before witnesses and register it at the religious office (Act 303 s.51). If the situation is tense or unsafe, one of you may stay elsewhere. See how to reconcile.

Difference between schools. The Hanafi school holds that intercourse or touching with desire during the ʿiddah of a revocable talak already counts as reconciliation.

Sources

Surah at-Talaq 65:1Surah al-Baqarah 2:228Act 303, s.51

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Related questions

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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