He took his wife back against the will of his family
Fatwa No: 326896

Question

Assalaamu alaykum, I divorced my wife two months ago under pressure of my family. At the time, I was using anti depressants. Afterwards, I realise my mistake. I again live with my wife now. My question is: do I have to make a new marriage contract, or what is the better solution for me? I need a fatwa in order to satisfy my family. Best regards.

Answer

All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Divorce takes effect when the husband willfully pronounces the words of divorce while intending to issue it. Pressure from the family or others does not prevent divorce from taking effect unless the pressure reached the extent of coercive compulsion as defined by the sharee'ah. The same ruling applies to issuing the divorce under the pressure of a psychological illness such as depression. Divorce takes effect unless the person is unaware of what he is saying. We have already clarified this in fataawa 192771 and 247126. Also, refer to fatwa0278425 about the criteria that define coercive compulsion in the sharee'ah.

If this was not the third divorce, then you have the right to take your wife back without a new contract as long as she is still in her ʻIddah (waiting period). Taking the wife back could be done verbally, and some scholars held that it could be by action as well. However, if the wife's ʻIddah expires, then the husband cannot take her back except with a new marriage contract. Please, refer to fataawa 82541 and 89845.

The husband is not obliged to obey his parents when they command him to divorce his wife without a valid reason. The same ruling applies when they command him not to take his wife back without a valid reason. This is because children are obliged to obey their parents in what is good and permissible, and this does not apply to the case when they command their son to divorce his wife or prevent him from taking his wife back without a valid reason. For more benefit, please refer to fatwa 84056.

Allaah knows best.

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