What is the ruling if the judge compels the husband to divorce, and he issues less than three pronouncements?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the judge compels the husband to pronounce divorce, and he issues fewer than three pronouncements, the husband has the right to take her back while she is still in her waiting period. If he takes her back while he remains insolvent or refuses to provide maintenance, and it is not possible to seize assets from his wealth, and the wife seeks dissolution, the judge may decree the dissolution (*faskh*). This is because the underlying reason necessitating the dissolution remains present, mirroring the situation prior to the divorce.