Radd (رد)

Radd: To send back or take back; to refute or respond. In Islamic law, it most often refers to taking back a repudiated wife.

Radd (رد)

Radd, from the Arabic (رد), meaning “to send back” or “to take back”, refers to a set of actions tied primarily to refutation, response, or retraction in various contexts. In Islamic jurisprudence, it plays a significant role, particularly in matters of marriage and divorce.

Etymology and Translations

  • Arabic: رد (Radd)
  • Turkish: İade

Islamic Law Contexts

Taking Back a Repudiated Wife

In the domain of Islamic family law, radd most commonly pertains to taking back a repudiated wife. According to traditional Fiqh, if a man divorces his wife by repudiation (talaq), he can take her back without the need for a new marriage contract or dowry, provided the radd takes place within the prescribed waiting period (iddah).

Radd al-Mahr

Another significant use of radd is in the concept of radd al-mahr (رد المهر), the act of a woman returning the dowry (mahr) to her husband in exchange for obtaining a divorce (khul‘). This legal and cultural practice provides a framework where a woman can initiate a dissolution of the marriage.

Civil Cases and Commercial Transactions

Beyond family law, radd can also signify a response to a complaint in civil law proceedings. In commercial contexts, it refers to the return of products or goods in accordance with the conditions of a sales contract.

Further Reading

  1. “Marriage and Family in Islam” by Dr. Muhammad Abdul-Rauf
  2. “Understanding Islamic Law: From Classical to Contemporary” by Hisham M. Ramadan
  3. “Islamic Family Law in a Changing World: A Global Resource Book” by Abdullahi An-Na’im

Takeaways

  • Radd encompasses several meanings related to the acts of returning, refuting, or responding.
  • In Islamic law, it is closely associated with familial relations, particularly marriage and divorce.
  • It requires contextual understanding to discern its application, whether in taking back a wife, returning a dowry, or addressing civil complaints.

Conclusion

Radd serves as a versatile term in Arabic linguistic and Islamic legal traditions. Its nuances inform various practices from reinstating marital relationships to addressing legal disputes, embedding the concept deeply within the social and legal fabrics of Islamic society.

Thursday, August 1, 2024

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