The rulings of returning in Islamic jurisprudence

Riyad Mansour Al-Khalifi Summary The Islamic jurisprudence study titled "Rulings of Revival in Islamic Jurisprudence" aimed to clarify issues of revival using a modern clear approach. In the first section, the term "revival" was explained linguistically and terminologically, then the legal evidence indicating its legitimacy, and the wisdom behind legislating it. In the second section, the study addressed the pillars of revival and the disagreement over what constitutes it. In the third section, the conditions of revival were discussed. In the fourth, the ruling of revival concerning its dependence on divorce was examined. The fifth section was dedicated to studying the differences regarding the occurrence and validity of revival. The study concluded with the following: First: The preferred definition of revival is: an absolute re-issuance of a non-annulled marriage to its previous state without a new contract, in a specific manner. Its three pillars are: the phrase, the reviver (the husband), and the revived (the divorced wife). Second: Preference is given to the validity of revival through action, not just speech, whether by intercourse or less, provided that the intention to effect the revival itself is present. This is the opinion of Malik, a narration from Ahmad, and the choice of Ibn Taymiyyah. Third: It is preferred that witnessing is not a condition for the validity of revival, but rather a recommended act. This is the well-known view of the Hanafi school and a strong opinion in the other three schools. Fourth: There is no requirement to inform the revived wife, with an explanation of the seriousness of the practical impact of this issue. Fifth: Emphasis on the validity of the condition that the reviver intends reconciliation, which is the view of the majority. Sixth: Preference is given to the view of the majority, contrary to the Hanbali and Shafi’i schools in the past, that revival is not established for one who divorced his wife after separation and before consummation. Seventh: The study was supplemented with a clarifying diagram that details and clarifies the cases of disagreement between spouses regarding revival, and the legal ruling for each case.