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Difference Between Revokable And Irrevokable Divorce

Answered according to Hanafi Fiqh by DarulUloomTT.net
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Question: Can you explain what is the difference between irrevocable and revocable divorce.


Answer:

Assalamu Alaikum,

A revocable divorce is one which can be revoked when given. For example, if a man says to his wife, ‘You are divorced’. Then, this is a revocable divorce, and he can take back his wife before her Iddah of 3 menses come to an end. If 3 menses came to an end and he did not take back his wife, then the divorce becomes irrevocable. This means that he cannot take back his wife except that both of them re marry.

Similarly, if a person says to his wife, ‘I have given you one irrevocable divorce’, then in this case, he will not be able to take back his wife by simply revoking the divorce. In this case, he will have to re marry his wife with her consent, if he wishes to continue to live with her.

So, in a revocable divorce one can revoke the divorce and take back his wife as long as the Iddah has not ended, and as long as he did not give her 3 divorces.

The irrevocable divorce is one which cannot be revoked simply with the husband wanting to take back his wife. This type of divorce requires remarriage, if both parties wish to live as husband and wife.

And Allah Knows Best.

Mufti Waseem Khan.

17/2/2014.

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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