Is it incumbent upon the wife to observe the waiting period ('iddah) and pay the dowry (mahr) to the husband if she requests a divorce after three years of marriage in which consummation did not occur due to the husband being afflicted by jinn possession (mass) and sorcery (sihr)?
1. If the affliction is insanity, the other spouse has the option of فسخ (annulment) unless they were aware of the defect and accepted it, either verbally, by action, or by seeking pleasure. If the wife knew about her husband's condition and consented to remain, she has no option for annulment. However, if she is harmed by staying with him, she may request a divorce without sin.
2. If there was no valid seclusion (خلوة شرعية), the wife is not required to observe an 'iddah (waiting period). If she received a dowry, she is entitled to only half of it, as Allah Almighty says: ﴿وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ﴾ [Al-Baqarah: 237] (And if you divorce them before you have touched them and you have already specified for them an obligation [of dowry] - then for them is half of what you specified). The interpretation of valid seclusion (خلوة شرعية) is that there should be no real impediment (illness, young age), or legal impediment (fasting, ihram, menstruation), or natural impediment (presence of a third person). If seclusion occurred and its conditions were met, according to the detailed explanations of the jurists, and a divorce took place, then the 'iddah becomes obligatory and the full dowry becomes obligatory according to the Hanafis and Hanbalis. As for the Shafi'is, their soundest opinion is that seclusion does not substitute for consummation. Among the Malikis, the dowry is not complete except through sexual intercourse or the wife's residence in her husband's home for a year.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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