Does a woman have to observe the 'iddah if her husband concluded the marriage contract with her but did not consummate it with her, and there was no sexual intercourse or valid seclusion, and she requested a divorce? Is it permissible for the husband to divorce her while she is menstruating? Is she entitled to the Mahr (dowry) in this case? Is it permissible for him to marry her again after divorcing her?
If a man divorces his wife after consummating the marriage (intercourse), the divorce is revocable, she must observe the waiting period ('iddah), and she is entitled to the full dowry. However, if he divorces her before consummating the marriage or being alone with her, the divorce is irrevocable, she has no waiting period, and she is entitled to half the dowry. She does not become lawful for him again except through a new marriage contract, as Allah the Almighty says: (O YOU WHO HAVE BELIEVED, WHEN YOU MARRY BELIEVING WOMEN AND THEN DIVORCE THEM BEFORE YOU HAVE TOUCHED THEM, THEN FOR YOU THERE IS NO WAITING PERIOD TO BE COUNTED AGAINST THEM) and (AND IF YOU DIVORCE THEM BEFORE YOU HAVE TOUCHED THEM BUT YOU HAVE ALREADY SPECIFIED FOR THEM AN OBLIGATORY PAYMENT, THEN [PAY THEM] HALF OF WHAT YOU SPECIFIED).
If he divorces her after being alone with her but without intercourse, the divorce is revocable according to the madhhab of Imam Ahmad. She is entitled to the full dowry, she must observe the waiting period, and the husband may take her back during the waiting period.
As for divorce during menstruation, it is forbidden, and the preponderant opinion is that it does not take effect.
A woman is not permitted to seek divorce from her husband except for a permissible reason, as the Prophet (peace be upon him) said: (ANY WOMAN WHO ASKS HER HUSBAND FOR A DIVORCE WITHOUT A VALID REASON, THE FRAGRANCE OF PARADISE WILL BE FORBIDDEN TO HER). It is advisable to seek understanding and peaceful resolution of problems.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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