| (Revival of the Marriage)
Keeping Nikah of a woman intact during the probationary period is called Raj’at. (Ghayatul Autar) Raj’at is correct with distinct words, even without intention (Niyyat). But with allusive words or hint without intention (Niyyat) is not correct. (Ghayatul Autar) Raj’at by action is one which is affected by actions which fall within the prohibition such as mutual contact or rubbing of organs etc. During the probation period (Iddat) the marriage can be revoked by copulation also. Raj’at by action of a mad husband is permissible. Raj’at is permissible only in Rajai divorce (Revocable divorce), in Talaq Bayan (Distinct Divorce), without permission of the wife and fresh Nikkah to return to the wife (Raj'at) is not permissible. After the probationary period (Iddat) is over, returning to the wife (Rajat) is not permissible. If abortion occurs to a pregnant woman after divorce when limbs of the foetus are formed, then her (Iddat) probationary period is over with the abortion otherwise not. Raj’at is also possible from the wife provided the husband has not refused her action and he is aware of that. (Ghayatul Autar)
Ending the right of Nikkah is called KHUL'A or separation (from wife's side). The conditions of KHUL'A are as follows:- The wife should be in the bond of marriage. The husband should be wise and matured. (Ghayatul Autar) KHUL'A is possible both, with wealth or property in exchange of without it (Ghayatul Autar) KHUL'A ends the conjugal rights and it causes distinct divorce (Tallaq-e-Bayan). (Ghayatul Autar) KHUL'A is permissible during the probationary period (Iddat) of Talaq Rajai (Revockable divorce) on account of the right of marriage during the probationary period (Iddat). (Ghayatul Autar) The wife will not get dower money after the divorce (due to khul'a) and if she has already taken it before Khula, it will not be returned. (Ghayatul Autar)The woman can return to her husband before the acceptance of Khula by him. On behalf of the young girl (Immature) her father can request for separation. It will be valid, the wealth or pecuniary benefit is not a must. But the parents of a young husband (Immature) do not have the right of granting separation on behalf of the husband because the non adult does not have the right of divorce hence his parents cannot be his viceregent. (Ghayatul Autar) Home | Top | Raj’at (Revival of the Marriage) | Separation (Khul'a) |