Question:
Assalamualaykum Respected Mufti saheb
A lady got married. She stayed for 3 weeks with her husband in seclusion [khalwah ṣaḥīḥah]. She got divorced. Does she have to sit for iddah if intercourse never took place? Please advice
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-Salāmu ʿAlaykum Wa-Raḥmatullāhi Wa-Barakātuh
In principle, if a woman is divorced after a valid nikāḥ and a valid seclusion (khalwah ṣaḥīḥah) has taken place meaning the husband and wife were alone together under circumstances in which intercourse was possible then the wife is entitled to the full mahr, and observing the ʿiddah becomes obligatory, even if intercourse did not actually occur.
Accordingly, in the scenario described, the lady must observe the prescribed ʿiddah.[1]
And Allah Taʿāla Knows Best.
Baba Abu Bakr
Student –Darul Iftaa
Accra, Ghana
Checked and Approved by
Mufti Muhammad Zakariyya Desai
