1. ‘ ‘Iddah & Resumption of Conjugal Relationship (Ruju’)

2. Definition (‘Iddah)
It is derived from the word al-’Adad which means the number
Literally ‘iddah means ‘to count’
Technically it means period of waiting by a woman on the dissolution of the marriage after consummation or on the demise of her husband
‘Iddah is wajib on the wife

3. Authorities Al-Talaq : 1, 4, 6 Al-Baqarah : 228 Al-Ahzab : 49
Hadith of the Prophet

4. Al-Quran
““O Prophet! When you divorce women, divorce them at their prescribed periods” at-Talaq: 1

5. Objective of ‘iddah
Whether the woman is having a child of the former husband so that there may be no confusion about the paternity of such a child if the woman seeks to remarry
During this period it gives the spouses time for rethinking and reconsideration in the interests of family and children
Mark of sorrow or respect to the husband

6. 1) Due to divorce or separation 2) Due to death of husband
Divisions of Iddah
1) Due to divorce or separation
2) Due to death of husband

7. ‘Iddah Due to Divorce or Separation
1) ‘Iddah Quru’
3 Quru’
“ Divorced women shall wait concerning themselves for three monthly periods’
al-Baq: 228
2) ‘Iddah Months
3 months
“ Such of your women As has passed the age of monthly courses, for them the prescribed period, if you have any doubts, is three months and for those who have no courses (is the same)…” at- Talaq:4

8. Continue… 3) Pregnant women – at-talaq: 4 - Until delivery of the baby
“For those who carry (life within their wombs), Their period is until they deliver their burdens”
4)‘Iddah of a woman whose marriage was not consummated
- No ‘Iddah
“O ye who believe: When you marry believing women and then divorce them before you have touched them, no period of ‘iddah have you to count in respect of them” - al-Ahzab: 49

9. Continue… 3) ‘Iddah of A woman whose husband died
2) Pregnant Woman at-Talaq :4
Hadith: Based on the case of Sabi’ah bint Harith who delivered after the death of the husband and the Prophet said that she has completed the ‘iddah immediately after the delivery
3) ‘Iddah of A woman whose husband died
4 months ten days
“ If any of you die and leave widows behind: they will wait concerning themselves four months 10 days” al-Baq: 234
Hadith: “ It is not permissible for a woman who believes in Allah and the day of judgement mourn more than three days unless to mourn on her husband death 4 months 10 days”

10. Statutory Provision
Section 47 (16) of the IFLA, 1984

11. Ruju’

12. Ruju’ (reconciliation)
To return the divorced woman in talaq other than talaq ba’in to the marriage during ‘iddah period without new ‘aqad

13. Surah al-Baqarah : 228 Surah al-Baqarah : 231 Surah al-Talaq : 2
Authorities
Surah al-Baqarah : 228
Surah al-Baqarah : 231
Surah al-Talaq : 2
“And their husbands have better rights to take them back in that period if they wish reconciliation” Al-Baq: 228

14. Divorce is a revocable divorce (talaq raj’i)
Conditions for Ruju’
Divorce is a revocable divorce (talaq raj’i)
During subsistence of ‘iddah period
Unconditional

15. Modes of Revocation (Ruju’)
Through Words either Sarih or Kinayah
* Sarih will be effective without intention
* Kinayah only effective with intention
Through Action
*e.g. Sexual Intercourse
Hanafi – effective even without intention
Maliki – Effective with intention
Shafi’e – Ruju’ is not effective through action . Ruju’ is only through words

16. For example: “Aku rujuk engkau kembali kepada perlindungan dan akad nikahku”
Its recommended for the parties (husband and wife) to provide 2 witnesses
At –Talaq: 2
“Thus when they fulfill their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you endued with justice and establish the evidence before Allah”

17. Statutory Provisions Section 51 (1) of the IFLA, 1984

18. Cases on ruju’
Ramli v Bunga
Siti Hawa v Mohd Redzuan
Noryati v Hamid