Is it obligatory for a woman who was contracted to marry, then divorced before consummation (i.e., her husband did not enter upon her), to observe the 'iddah?
A divorced woman must observe the (waiting period) if intercourse has occurred, by consensus, based on the Almighty's saying: "Then you have no iddah to count concerning them." If she is divorced before consummation and khalwah (private seclusion), then there is no iddah upon her.
However, if the husband secluded himself with his wife and then divorced her, the majority of scholars hold that she must observe the iddah, because khalwah takes the place of consummation. They support this with the consensus of the Companions on the matter.
Therefore, if the wife stayed with her husband for two weeks, this is a khalwah that necessitates the iddah according to the majority. But if she did not observe the iddah out of ignorance, then there is no blame upon her, because the iddah concludes when its time expires.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 8114
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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