RAJʿAH (رجعة‎)

RAJʿAH (رجعة‎)

Definition

RAJʿAH (رجعة‎)

“Restitution.” The term RAJʿAH refers to the act of taking back a wife who has been divorced before the expiration period (iddah) has fully elapsed. This act allows for the continuance of the marriage bond without the need for a new marriage contract. It is a significant concept in Islamic marital law, ensuring that couples have the opportunity to reconcile within a specific period after divorce.

Etymology

The Arabic term “رجعة” (Rajʿah) is derived from the root “ر-ج-ع” (R-J-ʿ), which relates to “return” or “restitution.” The concept signifies a return to the marital status quo before the finalization of a divorce.

• Arabic: ‎رجعة
• Turkish: Geri Dönüş veya Yeniden Kavuşturma

Islamic Context and Legal Interpretations

In Islamic jurisprudence, particularly under Hanafi law as referenced in the Hidāyah, vol. i. p. 289, RAJʿAH provides a legal framework for a couple to reconsider their decision to divorce and thus renew their marital relationship without the requirements of a new nikah (marriage contract).

• Iddah (Waiting Period): The interval during which the rajʿah may be exercised. For a menstruating woman, this period lasts three menstrual cycles.

• Conditions for RAJʿAH:

  • The rajʿah must occur within the waiting period (iddah).
  • It does not necessitate the wife’s consent if the husband decides to revoke the divorce.
  • Witnesses are not required, but it is recommended to inform the wife.

The principle of RAJʿAH aims to preserve family unity and gives the couple time to reconsider their decision while ensuring the welfare of children within the marital framework.

Recommended Books for Further Studies

1. “The Islamic Marriage Handbook” by Syed Athar Husain
2. “Marriage and Morals in Islam” by Sayyid Muhammad Rizvi
3. “The Child in Islam: A Qura’nic Guide” edited by Nachya Kaddora

Takeaways

• RAJʿAH is a significant element in Islamic family law that provides an opportunity for reconciliation within a specified period.
• It underscores the importance of thoughtful consideration before finalizing a divorce.
• Understanding RAJʿAH helps in appreciating the nuanced approaches within Islamic jurisprudence to maintain familial harmony.

Conclusion

The concept of RAJʿAH illustrates the balance that Islamic law seeks to achieve between allowing for the dissolution of marriage and providing mechanisms for reconciliation, thereby fostering familial stability. Recognizing the importance and implications of rajʿah can offer deeper insights into the dynamics of Islamic marital practices and their ethical, legal, and social considerations.