Do legal rulings (divorce, prohibition of return (ruju'), oath of abstinence (ilaa'), denouncement (li'an), and inheritance) apply to a revocable divorcee (Raj'iyyah)?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 1 · Bab 1

Open in Qurani

Primary text

All jurists agree that the rulings of divorce, Dhihar, Ilaa', Li'an, and mutual inheritance apply to a revocable divorcee. Furthermore, if a revocable divorcee seeks Khul' (redemption), the Khul' is valid. The basis for validity is that she remains a wife whose divorce is valid; therefore, her Khul' is valid, just as before the divorce. The purpose of Khul' is not the establishment of prohibition (Tahrim), but rather escaping the harm and marriage that caused it, and the marriage remains valid, as her return is possible. This ruling is supported by the general consensus (Ijma').

Supporting text

Al-Shafi'i, in one of his opinions, holds that Khul' is not valid because Khul' is intended to establish prohibition, and she is already prohibited (Muharramah). This view is contradicted by the primary opinion.