Does the wife's choice to remain in the marriage void her right to annulment under a revocable divorce while she is free?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
According to the Shafi'i school, the choice to remain voids the right to annulment because choosing to remain while the process is running toward final separation contradicts the intention of remaining. However, the primary ruling is that since the state allows for the choice of annulment, the choice to remain is valid, similar to the validity of remaining in the standing marriage contract itself.