FatwaKelantanMarriage & Family
HUKUM RUJUK ISTERI YANG BERKAHWIN LAIN MENURUT MAZHAB SYAFIE
What is the ruling on a former husband's claim of taking back (rujuk) a wife who has remarried, according to the Shafi'i school?
Short answer
The Kelantan Council of Ulama in 2016 maintained the final view of the Shafi'i school.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Kelantan State Mufti Department
- Status
- Fatwa committee decision
- Series
- Fatwa Tidak Diwartakan: Munakahat
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The Kelantan Council of Ulama in 2016 maintained the final view of the Shafi'i school. The former husband may bring the claim against either the former wife or her new husband, and a denial by the defendant is accepted if he or she takes the denial oath. If the new husband admits the claim, or the former husband swears the returned oath after the new husband refuses to swear, the new marriage is void and the wife returns to the former husband. If the former wife admits the claim, or the former husband swears the returned oath against her, the new marriage is not annulled but she must pay the former husband compensation equal to her proper dower. If sufficient witnesses prove rujuk took place within the iddah period, the new marriage is dissolved and the wife is returned to the former husband, whether the claim was brought against her or the new husband.
Written in our own words from the original fatwa — check the source before acting on it.
Setelah membincangkan perkara ini mesyuarat bersetuju untuk mengekalkan pandangan muktamad dalam Mazhab Al-Syafie iaitu:-
Read the full fatwa on the Kelantan website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Kelantan State Mufti Department. “HUKUM RUJUK ISTERI YANG BERKAHWIN LAIN MENURUT MAZHAB SYAFIE”, date not stated. https://mufti.kelantan.gov.my/index.php?view=article&id=110:hukum-rujuk-isteri-yang-berkahwin-lain-menurut-mazhab-syafie&catid=54. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-rujuk-wife-who-remarried-shafii-school/