Does a divorce issued by the husband in a state of anger take effect, and is the wife obligated to observe the waiting period ('iddah) after being divorced by her second husband with whom consummation did not occur, knowing that they spent time alone together?
If a man divorces his wife after the marriage contract and before consummation, there is a detailed explanation:
1. If he has not been in seclusion with her: The divorce is irrevocably [bain] by agreement, and she is not required to observe an 'iddah (waiting period), based on 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 not for you any 'iddah to count concerning them. So provide for them and release them with a gracious release.) Al-Ahzab/49. She is entitled to half of the stipulated mahr (dower), or a consolation gift (mut'ah) if no mahr was stipulated. He cannot remarry her except with a new contract and a new mahr.
2. If he has been in seclusion with her in a way that enabled him to consummate the marriage: She is required to observe the 'iddah according to the majority of scholars. This is the view of Abu Hanifa, Malik, Ahmad, and the old view of Al-Shafi'i, and the Rightly Guided Caliphs ruled accordingly. Al-Shafi'i, in his new view, held that she is not required to observe an 'iddah.
Ruling on divorce after seclusion (Is it irrevocable or revocable?): Most jurists hold that it is an irrevocable divorce. The Hanbalis hold that it is a revocable divorce, allowing him to take her back as long as she is within her 'iddah, considering proper seclusion equivalent to consummation regarding the rulings of revocability and the obligation of 'iddah. The Hanafis, Malikis, and Shafi'is do not consider seclusion equivalent to consummation for the validity of revocability.
As for divorce in a state of anger: The relied-upon view is that if anger deprives a person of his consciousness or is so severe that it compels him to pronounce divorce, and he would not have divorced otherwise, then it does not take effect. However, if his anger was normal, the divorce takes effect, and the 'iddah becomes obligatory if seclusion occurred.
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