🚪 Divorce, ʿiddah & rujuk · #50
The husband took his wife back without witnesses or registration: is it valid?
In Shafi'i fiqh, rujuk by words during the ʿiddah is valid even without witnesses, because witnessing rujuk is recommended (sunat) according to the authoritative view.
The verse at-Talaq 65:2 commands taking two just witnesses, which the majority understand as encouragement. Without witnesses, however, rujuk is hard to prove if there is a dispute, especially if the wife claims the ʿiddah has ended.
In Malaysia, rujuk must be reported and registered. An unregistered rujuk may leave the records showing that you are still divorced. See ʿiddah & rujuk.
The verse at-Talaq 65:2 commands taking two just witnesses, which the majority understand as encouragement. Without witnesses, however, rujuk is hard to prove if there is a dispute, especially if the wife claims the ʿiddah has ended.
In Malaysia, rujuk must be reported and registered. An unregistered rujuk may leave the records showing that you are still divorced. See ʿiddah & rujuk.
Difference among the schools. An old view of al-Shafi'i and one report from the Hanbali school: witnesses to rujuk are obligatory.
Sources
Surah at-Talaq 65:2State Enactment