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FatwaKedahMarriage & Family

PANDANGAN HUKUM MENGENAI RUJU’ DENGAN PERBUATAN OLEH PENGADU DI DAERAH LANGKAWI

Is a husband's statement "come live together again" a valid ruju' (revocation of divorce), and is intercourse afterwards counted as ruju' by act?

Short answer

The Kedah State Mufti Department held that the husband's ruju' pronouncement was valid because, based on the menstrual cycle information, the wife was still within her iddah period.

KedahOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Kedah State Mufti Department
Status
Opinion (irsyad)
Series
Irsyad Al-Hukmi
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

The Kedah State Mufti Department held that the husband's ruju' pronouncement was valid because, based on the menstrual cycle information, the wife was still within her iddah period. The words clearly (sarih) carry the meaning of ruju', and the wife's consent has no effect because ruju' is the husband's right. Since the verbal ruju' was already valid, the intercourse that followed cannot be established as ruju' by act.

Written in our own words from the original fatwa — check the source before acting on it.

Lafaz suami; "Mai hidup bersama balik" telah mengandungi maksud ruju ' secara jelas

Excerpt from the original fatwa · Kedah

Read the full fatwa on the Kedah website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Kedah State Mufti Department. “PANDANGAN HUKUM MENGENAI RUJU’ DENGAN PERBUATAN OLEH PENGADU DI DAERAH LANGKAWI”, date not stated. https://ifatwa.kedah.gov.my/wp-content/uploads/2022/08/19-PANDANGAN-HUKUM-MENGENAI-RUJU-DENGAN-PERBUATAN.pdf. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruju-statement-live-together-again-valid/