Does a woman divorced by revocable divorce (Raj'i) who is subsequently freed have an option to annul the marriage during her waiting period (Iddah)?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If the divorce was revocable, the woman has the option to seek annulment during the Iddah period because her marriage remains valid, allowing for annulment. She benefits from this annulment because she cannot be certain the husband will not revoke the marriage near the end of the Iddah, which would necessitate starting a new Iddah upon final separation. Annulment cuts off the possibility of revocation while preserving the time already spent in the Iddah count related to the initial divorce.
Supporting text
If she chooses to remain in the marriage (Iqamah), her option to annul is voided according to our view because the state allows for the choice of annulment, making the choice to remain valid, analogous to the standing marriage contract itself. If she chooses neither to annul nor to remain, her option is not forfeited because it is a right to be exercised over time, and her silence does not indicate consent, as it might stem from waiting for the final separation (Baynunah).