Q: A man and woman have been separated for 2 years and the 2nd talaaq was given. The woman is sitting in iddat. If her rights over the past 28 years have not been fulfilled and there has been emotional and physical abuse over the years to her and her children, can she refuse to reconcile?
A: If the second talaaq which the husband issued was a baain talaaq (irrevocable talaaq) then she can refuse to reconcile, as the nikaah is broken and the husband does not have the right to take her back.
However, if the talaaq he issued was a revocable talaaq, then the husband has the right to revoke the talaaq and take her back and the wife does not have the right to refuse. But if she cannot manage to remain in the nikaah, then she should ask him for a separation.
And Allah Ta'ala (الله تعالى) knows best.
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