What is the ruling on divorcing a wife who was found in an unlawful private seclusion (khalwa ghayr shar'iyya), but whose adultery was not proven, taking into consideration her bad reputation, her two previous divorces, and her being seen in other unlawful seclusions? And is it permissible to expel her from the home immediately after the divorce?
The default assumption is that a Muslim's affairs are sound; therefore, it is not permissible to accuse this woman of adultery except with clear proof. If this is proven against her, then her husband should consider her situation: If she repents and becomes upright, he should keep her to preserve the family. However, if she does not repent, it is recommended for him to separate from her so that she does not tarnish his honor. Divorce is recommended when the wife neglects the rights of Allah or if she is not chaste. If he divorces her with a revocable divorce, she must observe her (waiting period) in the marital home, and it is not permissible to expel her. The same applies to an irrevocable divorce according to the majority of scholars, whereas the Hanbalis hold that she may observe her iddah wherever she wishes, and in this case, the husband is permitted to expel her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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