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What Is the Right of Rajʿa During the ʿIdda and How Is It Documented?

The husband's right of rajʿa during ʿidda in Jordanian law: the conditions, valid forms, evidence, and effect on the marriage contract.

Based on official Jordanian law — Personal Status Law No. 15 of 2019
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  • Cites Personal Status Law No. 15 of 2019

Answer

Based on official Jordanian legal texts

Rajʿa under Jordanian law is the husband's return to a wife divorced by revocable talaq, during her ʿidda, without a new contract or dowry. Article 92 provides that revocable talaq does not end the marriage immediately and that the husband may take his wife back during the ʿidda by word or deed.

Article 98 confirms that this right is firmly established and cannot be waived, that the return does not depend on the wife's consent, and that no new dowry is required. However, Article 97 requires the return to be officially registered and the wife notified, since registration safeguards rights and prevents disputes.

If the ʿidda expires without the husband taking his wife back, the talaq becomes minor irrevocable under Article 99, after which the wife may return only through a new contract and dowry. A dispute over the validity of a return after the ʿidda is addressed under the rule in Article 100.

The effects of marriage subsist throughout the period of revocable divorce: the woman in her ʿidda is entitled to maintenance and housing, and the spouses inherit from one another if one dies before the ʿidda ends.

This is a general explanation based on Jordanian Personal Status Law and does not replace advice from a qualified lawyer in a specific dispute.

Frequently Asked Questions

Does it require the wife's consent?
In principle no — rajʿa is the husband's independent right and does not depend on her consent, but it must be documented.
When does the right of rajʿa end?
When the ʿidda ends. After that, return requires a new marriage contract and a new dowry.
Is rajʿa valid without witnesses?
It is religiously valid, but creates a likely legal dispute. Immediate court registration is the answer.

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