Are the mentioned situations—which involved the husband embracing and kissing his wife for short periods and in the presence of family members nearby, without intercourse—considered valid seclusion (khalwa shar'iyya)?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Divorcing a wife before consummation or a valid seclusion ( sahiha) is an irrevocable divorce (طلاق بائن), meaning the husband does not have the right to take her back except with a new contract. A valid seclusion is one in which sexual intercourse can customarily occur, and it requires complete privacy such that the spouses are secure from anyone else seeing them. As for mere brief privacy with touching and kissing without security from others entering, it is not considered a valid seclusion.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/148796
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- Ftawy
- Original fatwa ID
- 148796
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- . 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