What is the ruling on a divorce that occurs with a wife who has had a legitimate private meeting (khalwa shar'iyya) but without consummation? And how can she be taken back (raje'a) despite her refusal and her family's support for her based on unsubstantiated claims?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A woman who is divorced before consummation has no ' (waiting period), by consensus, due to the Almighty's saying: "O you who have believed, when you marry believing women and then divorce them before you have touched them, then there is no 'iddah [period] for you to count concerning them." So, the man has no claim over the woman merely by divorcing her before consummation, and seclusion does not permit him to take her back as long as he affirms that intercourse did not occur.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/67353
Where this answer came from
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- Ftawy
- Original fatwa ID
- 67353
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy