Is it permissible to force a woman divorced with a revocable divorce to return after the waiting period?
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Question:
He says: My cousin’s daughter was divorced by me in 1986, and up to this day she has not married. Whenever someone proposes to her, she refuses and says, “My cousin is still here.” After I returned to Sudan, I proposed to take her back, but she refused. I told her, “I will object to anyone who proposes to marry you,” knowing that my uncle and the entire family are in agreement, because I divorced her only once. I ask for your guidance. May Allah reward you with good.
Answer:
You have no right to force her, and you have no right to object. You have no right to object to whoever proposes to marry her. It is forbidden for you. You divorced her, she completed her waiting period, and it has been many years. If she desires you, praise be to Allah, as long as it was one divorce, or two divorces, you may marry her with a new contract. But if she refuses, then... it has been many years. If you had taken her back during the waiting period, you would have had the right to do so. But since you left her until she completed her waiting period, and these many years have passed, and now you want to propose to her, her consent is necessary, even if her family consents. The right is hers. If she consents, fine; otherwise, no one has the right to force her, not her father, nor anyone else. The Messenger (peace and blessings be upon him) said:Sahih Ibn Hibban 16:60, and he said—(peace and blessings be upon him)—: Sahih al-Bukhari 6970 They said: O Messenger of Allah! How is her consent given? He said: .
Therefore, the consent of the divorced woman and the virgin is necessary. The divorced woman who has been married, like the one you asked about, her consent and agreement are necessary, and no one has the right to force her, not her father, nor anyone else, by the explicit text of the Messenger (peace and blessings be upon him). So fear Allah, and beware of obeying Satan, and do not wrong her. Likewise, her family must beware of wronging her. She has made... her own self, if she marries, the matter is hers, and the benefit is hers. If she refuses, the harm is upon her. Yes.
The presenter: May Allah reward you with good, and may He do you good.
He says: My cousin’s daughter was divorced by me in 1986, and up to this day she has not married. Whenever someone proposes to her, she refuses and says, “My cousin is still here.” After I returned to Sudan, I proposed to take her back, but she refused. I told her, “I will object to anyone who proposes to marry you,” knowing that my uncle and the entire family are in agreement, because I divorced her only once. I ask for your guidance. May Allah reward you with good.
Answer:
You have no right to force her, and you have no right to object. You have no right to object to whoever proposes to marry her. It is forbidden for you. You divorced her, she completed her waiting period, and it has been many years. If she desires you, praise be to Allah, as long as it was one divorce, or two divorces, you may marry her with a new contract. But if she refuses, then... it has been many years. If you had taken her back during the waiting period, you would have had the right to do so. But since you left her until she completed her waiting period, and these many years have passed, and now you want to propose to her, her consent is necessary, even if her family consents. The right is hers. If she consents, fine; otherwise, no one has the right to force her, not her father, nor anyone else. The Messenger (peace and blessings be upon him) said:
The divorced woman has more right over herself than her guardian, and the virgin must be asked for permission, and her silence is her consent.
الأيم أحق بنفسها من وليها، والبكر تستأذن وإذنها صماتهاA lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted.
لا تنكح الأيم حتى تستأمر، ولا تنكح البكر حتى تستأذنThat she remains silent.
أن تسكتTherefore, the consent of the divorced woman and the virgin is necessary. The divorced woman who has been married, like the one you asked about, her consent and agreement are necessary, and no one has the right to force her, not her father, nor anyone else, by the explicit text of the Messenger (peace and blessings be upon him). So fear Allah, and beware of obeying Satan, and do not wrong her. Likewise, her family must beware of wronging her. She has made... her own self, if she marries, the matter is hers, and the benefit is hers. If she refuses, the harm is upon her. Yes.
The presenter: May Allah reward you with good, and may He do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.