Does a divorce issued by the husband via "WhatsApp" to his wife, with whom he has contracted marriage but has not yet consummated it, take effect, given that the husband is found to be a drug addict and has suspicious relationships with women? Is an 'iddah (waiting period) obligatory for the wife, and is it permissible for her to appear to a suitor for a legitimate viewing during the 'iddah period?
A married woman should not seek divorce unless there is a legitimate Sharia reason. A written divorce, being a kinayah (allusion), does not take effect unless the husband intends it. Therefore, it is necessary to refer back to the husband to ascertain his intention.
If the divorce occurs before consummation (sexual intercourse), she is not required to observe an 'iddah (waiting period), and she may marry another man. However, if he had a valid seclusion (khalwa sahahah) with her, many scholars hold that she is obligated to observe the 'iddah. This is what was reported from the Rightly Guided Caliphs and a number of Tabi'in (successors) and jurists.
Since there is a need to ascertain the husband's intention and a dispute regarding the valid seclusion, the correct course of action is to refer the matter to the Sharia court. The judge's ruling is binding and resolves disagreements in matters of ijtihad (independent legal reasoning).
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