FatwaKedahMarriage & Family
PANDANGAN HUKUM MENGENAI RUJU’ SECARA PERBUATAN
Does intercourse with a wife divorced by a revocable divorce during her iddah count as taking her back (ruju')?
Short answer
Under the Shafi'i school followed in Kedah, ruju' is valid only through a clear verbal statement, so intercourse during the iddah is not ruju' even if intended as such.
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
Under the Shafi'i school followed in Kedah, ruju' is valid only through a clear verbal statement, so intercourse during the iddah is not ruju' even if intended as such. For two specific cases in Langkawi, the Kedah Mufti Department ruled the ruju' valid on grounds of public interest, adopting the view of Said ibn al-Musayyab, Abu Hanifah and others that intercourse validates ruju' whether intended or not. The ruling is limited to those two cases, and couples are advised to be careful since the Shafi'i school recognises only verbal ruju'.
Written in our own words from the original fatwa — check the source before acting on it.
Menurut pandangan mazhab as -Syafie (menjadi amalan serta perundangan di negeri Kedah) telah menetapkan bahawa ruju ' hanya sah dengan lafaz, bukan dengan perbuatan.
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’ SECARA PERBUATAN”, date not stated. https://ifatwa.kedah.gov.my/wp-content/uploads/2022/08/18-PANDANGAN-HUKUM-MENGENAI-RUJU-SECARA-PERBUATAN.pdf. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-on-ruju-through-action-during-iddah/