Is a divorce that occurred after the spouses denied before the judge the existence of a legitimate seclusion (khalwa shar'iyya) valid, and what are the consequences for the husband?
The occurrence of divorce is not related to the existence of a legitimate seclusion (khalwa shar'iyya). Lying to the judge about this does not affect the occurrence of the divorce. The judge inquires about the existence of seclusion due to the rights and obligations that arise for the divorced woman as a result, which are: the wife's entitlement to the full dowry if the divorce occurs after consummation or a valid seclusion, and half of it if it occurs before; and the obligation of the legal waiting period ('idda) upon the woman if the divorce occurs after consummation or a valid seclusion, and it is not obligatory before that. Based on this, the woman is entitled to the full dowry, and she is bound by the legal waiting period of three full menstrual cycles, during which she may not marry or be proposed to. There is a concern about the loss of virginity before marriage due to the anxiety and embarrassment it causes.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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