Wife's Recourse From Revocable Divorce

This study was an investigation of recourse of wife by her husband, i.e. sustainability of existing marriage ownership without divorce waiting period which enables recourse. It is the husband's right which doesn't depend on the woman's pleasure nor it is forfeited. Recourse is done verbally and with frank action by the speaker, while the dumb does it with a signal. This is according to majority of fiqh scholars. The pillars of recourse are the form, the husband and the wife. This is according to fiqh scholars. However, the Hanafis only consider the husband's offer as the required pillar. Of its conditions are true marriage, independence from a condition or in return for an amount of money. It is also preferable to have witnesses for the recourse and to inform the wife. The aim of the recourse must be for the sake of conciliation and non-evil. When the wife returns, she enjoys all marriage rights such as inheritance, lineage, and maintenance. It is also condition that the recourse be fixed and be solvable. The recourse is different from marriage for the former is a sustainable ownership while marriage is starting an ownership. However, recourse is in full harmony with the other legal capacity prescriptions. It is different from divorce in all legal capacity prescriptions. However, it agrees with divorce in that both have a certain waiting period. Recourse is one of the fiqh chapters like marriage, divorce, injurious assimilation of wife to mother (a-thither), abandonment for husband's swearing (Ila') oath of condemnation (Lean), breastfeeding, maintenance and judiciary system. The Jordanian Personal Status Law, effective in Palestine's shari'a courts, has dwelt on recourse and has allocated a number of articles for it.