Articles

The Difference between Marriage (Nikāḥ) and Reinstatement (Rujʿah)
Author : Dr.Mosa Al-Zaa'tra
Date Added : 31-08-2025

The Difference between Marriage (Nikāḥ) and Reinstatement (Rujʿah) in Jordanian Personal Status Law

 

Marriage (Nikāḥ) and Reinstatement (Rujʿah) are two Islamic terms addressed in the Jordanian Personal Status Law. They differ in both form and ruling where each has its own set of conditions and corresponding juridical rulings within Islamic law.

As defined by the Jordanian Personal Status Law, Nikāḥ is: "A contract between a man and a woman who is lawfully permissible to him, for the purpose of forming a family and producing offspring." The marriage contract requires an offer (Ijāb) and acceptance (Qabūl) between the two parties, and the presence of witnesses is obligatory, as it entails legal and Sharia-based rights and duties related to the family, such as the rights of the wife and husband, establishment of lineage, the prohibition due to marital relations, inheritance, and others.

On the other hand, Rujʿah refers to the reinstatement of the wife into her husband’s marital authority after a revocable divorce (Talāq Rajʿī), without the need for a new contract.

Rujʿah provides an opportunity for the couple to reconcile and return to married life. It involves a waiting period known as the ʿIddah (waiting period after divorce). During this period, the couple remains bound by the marriage contract. If they decide to reunite before the end of the waiting period, married life can resume, reducing the number of divorces available to the husband as prescribed by Islamic law.

First: Definition of Rujʿah

A. Linguistically: The term Rujʿah is derived from Arjaʿa or Yurjiʿu, meaning "to return" or "to restore." The verb is transitive, and the object is Marjūʿ (restored) [1].

When a couple "Tarājaʿā," it means they returned to married life after divorce. Allah The Almighty Says (What means): "So if he has divorced her [for the third time], then she is not lawful to him afterward until she marries a husband other than him. And if the latter husband divorces her, there is no blame upon them for returning to each other." [Al-Baqarah/230].

B. Technically (in Islamic Jurisprudence):

Ḥanafīs define it as: "Rujʿah is the act of taking her back with the intention of retaining [the marriage]."[3].

Mālikīs define it as: "The return of the divorced woman to the marital authority without renewing the contract."[4].

Shāfiʿīs define it as: "Returning the woman to the marriage after a non-final divorce during the waiting period, in a specific manner."[5].

Ḥanbalīs define it as: "Reinstating a non-finally divorced woman to her previous status without a new contract."[6].

C. Definition in Law:

The Jordanian Personal Status Law defines it in Article (98):

"The husband has the right to reinstate his (revocable divorced wife) during the waiting period by word or action. This right is not forfeited by waiver, and reinstatement does not depend on the wife’s consent. No new dowry (Mahr) is required for it."

There is a legal distinction between the two terms in the Personal Status Law regarding guardianship, witnesses, consent, and formulation.

Second: Key Differences between Nikāḥ and Rujʿah

A. Regarding Guardianship (Wilāyah):

In Nikāḥ: A guardian is required, and he must be sane, mature, and Muslim if the bride is Muslim, as stated in Article (15) [7]. In Rujʿah: No guardian is required at all.

In Nikāḥ: Under Article (16), the consent of one guardian regarding the suitor overrules the objections of others if they are of equal degree. The consent of a more distant guardian in the absence of a closer one overrules the objection of the absent guardian. Implied consent is equivalent to explicit consent.

In Rujʿah: The guardian’s consent is not considered, as it is a right granted by Sharia. As stated in Article (98), the husband’s right to reinstatement does not require the wife’s consent.

In Nikāḥ: Under Article (17), if the closest guardian is absent and waiting for him would harm the bride’s interest, the right of guardianship transfers to the next in line. If consulting the next is impossible or he is unavailable, the right transfers to the judge.

In Rujʿah: The guardian’s absence has no effect.

In Nikāḥ: Under Article (18), if a guardian wrongfully prevents (ʿAthl) [8] the marriage of a virgin who has reached 16 solar years of age, the judge may authorize her marriage upon request.

In Rujʿah: It is forbidden for a guardian to prevent the husband from reinstating his wife as long as she is in the waiting period.

In Nikāḥ: Article (19) distinguishes between a virgin (Bikr) and a non-virgin (Thayyib) regarding the requirement of guardian consent: "The consent of a guardian is not required for the marriage of a sane, non-virgin woman who has reached eighteen years of age."

In Rujʿah: Guardian consent is not required, whether the woman is a virgin or non-virgin.

In Nikāḥ: Under Article (20), the judge’s authorization for marriage per Article (18) is conditional on the dowry not being less than the standard dowry (Mahr Al-Mithl).

In Rujʿah: There is no dowry.

B. Regarding Witnessing (Ishhād):

Witnesses are not required for Rujʿah, whether by word or action. However, the majority of jurists—Ḥanafīs, Mālikīs, Shāfiʿīs (in the new opinion), and Aḥmad (in one narration)—recommend having two just witnesses and informing the wife to avoid disputes and enable proof in case of denial.

In Nikāḥ: There is consensus on the requirement of multiple witnesses. [9].

C. Regarding Consent (Riḍā):

The fundamental difference lies in the role of consent:

In Nikāḥ: Consent is essential. [10]

In Rujʿah: Consent is not considered [11]. If the wife or her guardian refuses her return to the husband, this refusal has no effect on the reinstatement. In contrast, lack of consent in Nikāḥ invalidates the contract.

D. Regarding Formulation (Ṣīghah):

Nikāḥ must be conducted with explicit words, such as "Nikāḥ" or "Tazwīj." Rujʿah may be effected by words or actions [12].

In Nikāḥ: The consent of the wife and her guardian (if she is a virgin) or her consent alone (if she is non-virgin) is required.

In Rujʿah: In the case of a revocable divorce, the consent of neither the wife nor her guardian is required [13].

In Nikāḥ: Witnesses are obligatory.

In Rujʿah: The law does not require witnesses and remains silent on the matter [14].

These differences highlight the essential distinctions between Nikāḥ and Rujʿah in the Jordanian Personal Status Law. Nikāḥ is a contract between a man and a woman that requires a guardian, witnesses, a formal offer and acceptance, and the consent of both parties. Rujʿah, on the other hand, is the reinstatement of the wife into her husband’s marital authority after a revocable divorce by his unilateral will. It does not require a guardian, witnesses, or the wife’s consent as long as she is in the waiting period.

________________________________________

References:

[1] ʿAbd Al-Ḥamīd, Aḥmad Mukhtār, et al. (1429 AH). Muʿjam Al-Lughah Al-ʿArabīyah Al-Muʿāṣirah (1st ed. /Vol.2/pp.860). ʿĀlam Al-Kutub.

[2] Qur’an, [Al-Baqarah/230].

[3] Al-Kāsānī, Abū Bakr Ibn Masʿūd. [Badāʾiʿ Al-Ṣanāʾiʿ Fī Tartīb Al-Sharāʾiʿ/Vol.2/pp.330].

[4] Al-Dasūqī, Muḥammad Ibn Aḥmad. [Ḥāshiyat Al-Dasūqī ʿAlā Al-Shariḥ Al-Kabīr/Vol.2/pp.415].

[5] Al-Shirbīnī. [Mughnī Al-Muḥtāj Ilā Maʿrifat Maʿānī Alfāẓ Al-Minhāj/Vol.5/pp.3].

[6] Abū Al-Najā, Mūsā Ibn Aḥmad. [Al-Iqnāʿ Fī Fiqh/Al-Imām Aḥmad Ibn Ḥanbal/Vol.4/pp.560]. Ed. ʿAbd Al-Laṭīf Muḥammad Mūsā Al-Subkī. Dār Al-Maʿrifah.

[7] Jordanian Personal Status Law/Article/15.

[8] Definition of ʿAthl (prevention).

[9] Juristic references: Al-Kāsānī [Badāʾiʿ Al-Ṣanāʾiʿ; Al-Numayrī, Al-Kāfī Fī Fiqh Ahl Al-Madīnah]; Al-ʿĀṣimī, [Ḥāshiyat Al-Rawḍ Al-Murabbaʿ].

[10] Jordanian Personal Status Law, Article 16.

[11] Jordanian Personal Status Law, Article 98.

[12] Jordanian Personal Status Law, Article 7.

[13] Jordanian Personal Status Law, Article 98.

[14] Jordanian Personal Status Law, Article 8(A).

Article Number [ Previous ]

Read for Author




Comments


Captcha


Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.




Summarized Fatawaa

My husband has deprived me of visiting my family and is threatening to take my 7-month-old baby girl. Is he entitled to do so?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Your question is unclear, but family visitation is a legitimate right of yours. However, if he deprives you from this, try to convince him with wisdom and fair preaching. If there is a problem between you two, try to fix it. As for your daughter, you are most entitled to her custody anyway. Even if he divorced you, the girl remains under your care so long as you don`t get married. And Allah The Almighty Knows Best.

I used artificial nails on my wedding night, but I was surprised to find out that they require at least a week to remove. However, I performed all my prayers during that period. What is the ruling on those prayers?
 

If these nails prevent water from reaching one's skin then your prayer are invalid and obliged to redo all of them. And Allah Knows Best.

Is It Permissible to Divorce One's Wife for not Praying

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
You should do your best to save her from hellfire by making her observe daily prayers on their prescribed times, even if this means giving her a generous incentive. However, if she insisted on her position, then it is permissible for you to divorce her. And Allah The Almighty Knows Best.

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers