What is the legal consequence if the Muuli divorces her and the judge's action is dissolution (Faskh) instead of divorce?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the judge dissolves the marriage (Faskh), the Muuli cannot return to her except through a new marriage contract, whether during the waiting period or afterwards. Dissolution does not reduce his count of repudiations because it is not a divorce; it resembles the dissolution of marriage due to a defect or impotence. If the Muuli or the judge pronounces three divorces, she does not become lawful to him except after a second husband, consummation, and a new marriage contract.

Supporting text

If the divorce is less than three and the Muuli divorces her, and he takes her back during her waiting period, the duration of the Ila' oath is terminated by the divorce and the period preceding the return is not counted against him, as she became prohibited to him without an oath. If he takes her back, the period restarts from the time of his return. If the remaining portion is less than four months, the Ila' is dropped; if more, he waits four months, then is compelled to reconcile or divorce again.