Rij'i divorce
Rij’i divorce (Arabic: الطلاق الرجعي) or Revocable divorce is a kind of divorce when the man can return to the woman he has divorced during the 'idda period; i.e. he makes her his wife again without reciting the marriage formula. In rij'i marriage, returning is specific to 'idda period and can be performed in two ways: the first way is that the man says something which suggests that he has regarded the woman his wife again. The second way is that he does something which is understood as his return to his wife, such as kissing and having intercourse with her.
Divorce
Lifting marriage bond is called divorce. Similar to marriage, divorce is carried out by reciting a formula;[1] but, opposite to marriage, it is among unilateral contracts and is only carried out by the man.[2] In Islam, divorce is legitimate and permissible;[3] but according to hadiths, it is the most disapproved permissible act before God.[4]
Definition of Rij'i Divorce
It refers to a type of divorce, in which during the 'idda period, the man can return to the woman; i.e. he can make her his wife again without reciting the marriage formula again.[5] This kind of divorce is against ba'in (irrevocable) divorce in which the man cannot return to the woman without reciting the marriage formula again.[6]
Rules
During rij'i divorce, as long as the woman is in the 'idda period of divorce, all matrimonial rules are applied except touching and having intercourse with the woman without having the intention to return to her.[7] Some of these rules are:
- The spouses inherit from each other.
- The woman cannot leave the house without her husband's permission
- The man cannot marry the woman's sister
- In case of returning, the woman should defer to the husband.[8]
- Another rule regarding rij'i divorce is that if a man divorces his wife for a second time and returns to her or recites marriage formula with her again, after a third divorce, it is forbidden for him to marry her again; i.e. he cannot return to or marry her again; unless, the woman marries another man and then with some conditions including having intercourse with the second husband or after his death or divorcing him, she can marry the first husband again.[9]
Method of Return
During the 'idda period in rij'i marriage, the man can return to the woman in two ways: the first way is that the man says something which suggests that he has regarded the woman his wife again. The second way is that he does something which is understood as his return to his wife, such as kissing and having intercourse with her.[10]
Notes
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 356.
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 97.
- ↑ Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt, vol. 5, p. 194.
- ↑ Kulaynī, al-Kāfī, vol. 6, p. 54.
- ↑ Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt, vol. 5, p. 205.
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 357.
- ↑ Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt, vol. 5, p. 205-206.
- ↑ Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt, vol. 5, p. 205-206.
- ↑ Rulings of Divorce, Official Website of Ayatollah Sistani.
- ↑ Khomeiniī, Tawḍīḥ al-masāʾil (muḥashā), vol. 2, p. 530-531.
References
- Kulaynī, Muḥammad b. Yaʿqūb al-. Al-Kāfī. Edited by ʿAlī Akbar Ghaffārī. 4th edition. Tehran: Dār al-Kutub al-Islāmīyya, 1407 AH.
- Khomeiniī, Sayyid Rūḥ Allāh. Tawḍīḥ al-masāʾil (muḥashā). Edited by Banī Hāshimī Khomeinī, Sayyid Muḥammad Ḥasan. 8th edition. Qom: Daftar-i Intishārāt-i Islāmī, 1424 AH.
- Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī. Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt. 1st edition. Qom: Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī, 1392 Sh.
- Murawwij, Ḥusayn. Iṣṭilāhāt-i fiqhī. 1st edition. Qom: Bakhshāyish, 1379 AH.
- Mishkinī, ʿAlī. Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl. 1st edition. Beirut: Manshūrāt al-Riḍā, 1431 AH.
- Qummī, Mīrzā Abu l-Qāsim. Jāmiʿ al-shitāt fī ajwabat al-suʾālāt. [n.p]. [n.n]. [n.d].
- Ṭabāṭabāʾī Yazdī, Muḥammad Kāẓim al-. Takmilat al-ʿurwat al-wuthqā. Edited by Muḥammad Husayn Ṭabāṭabāʾī. 1st edition. Qom: Maktabat al-Dāwarī, 1414 AH.
- Rulings of Divorce (Persian). Official Website of Ayatollah Sistani. Accessed: 2024/01/01.