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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)?

1 min readAlso available in العربية

There is a disagreement among jurists regarding the definition of a valid khalwa (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 iddah (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.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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