Raj'a (return of a divorced wife in the waiting period): its ruling, its conditions, its forms and its effects

الرجعة

Raj'a in the lexicon is return; in the jurists' sense it is the continuation of a marriage that still stands, or the restoration of a revocably divorced wife to the marriage during her waiting period without a new contract. ^{1 2} The jurists agree on its lawfulness from the Qur'an and the Sunna. In principle it is permitted and is the husband's right; it is obligatory for the Hanafis and Malikis when he divorced during menstruation, recommended for the Shafi'is and Hanbalis in that case, recommended on regret and reconciliation, and forbidden if the purpose is harm. ^{2 3 4} Its conditions are a revocable divorce, consummation, that it occur within the waiting period, that the divorce was not by annulment or for a consideration, that it be immediate and not conditional, and that the one who takes her back be competent to marry. ^{4 5 6} It is valid by explicit words and by allusion, and by act for the Hanafis and Malikis under conditions; the Shafi'is hold it invalid by act; the Hanbalis hold intercourse valid. ^{6 7 8 9} Witnessing it is recommended for most jurists, informing the wife is recommended, the Hanbalis and Hanafis allow the divorced wife to adorn herself, and the Shafi'is forbid it. ^{10 11} Disputes arise over a claim of return made after the waiting period has ended. ¹²