What is meant by the phrase "in a manner that does not permit intercourse" within the context of legal seclusion (al-khalwa al-shar'iyya)?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
There is a disagreement among jurists regarding the definition of a valid (private seclusion of a husband and wife) and the rulings that ensue from it. The adopted view is that of the Hanbali school, which holds that if khalwa is established, its effects are binding, whether there was an impediment or not. Khalwa takes the place of consummation in completing the sadaq (dowry), obligating the (waiting period), establishing the right of raj'ah (returning the wife) if he divorces her less than three times, and affirming the right of raj'ah if she was divorced after consummation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/165630
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- Original fatwa ID
- 165630
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy