Is a waiting period (iddah) obligatory for a girl who was divorced after the marriage contract and valid seclusion (khalwa shar'iyya) but without consummation, and is it permissible for her to marry before the divorce case is concluded?
The question from the woman included several points, which can be clarified as follows:
1. If legal privacy (khulwa shar'iyya) occurs between the spouses and the husband divorces, the waiting period (iddah) becomes obligatory according to the majority of scholars. It begins automatically from the moment the divorce is uttered and does not require an intention.
2. The majority of scholars believe that a revocable return (raj'ah) is not established merely by privacy, but the Hanbalis believe it is. If the husband takes back his wife during the waiting period, the return is valid. It is not permissible for a woman to seek khul' (divorce at the wife's instance) except for a legitimate religious reason.
3. According to the majority of scholars, a final separation (baynunah) occurs as soon as the husband utters the divorce, and it is not a condition for it to be officially documented. The husband does not become lawful for his wife again except through a new marriage contract.
4. There is no sin upon the woman if suitors propose to her, as long as she does not actively seek it.
5. It is not permissible for common people to adopt jurisprudential opinions merely by reading; rather, they must consult those whose knowledge is trustworthy. A judge's ruling resolves dispute.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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