Is the husband liable for maintenance if he divorces his wife after seclusion with her without consummation, knowing that seclusion is considered as consummation, even though he divorced her on the basis of absolution (ibra') and she waived her entitlements?
The preponderant view is that valid seclusion (al- al-sahihah) is equivalent to consummation (ad-dukhool) in establishing the full dowry, the waiting period (), maintenance (), and lodging (sukna). If a woman is divorced before consummation, and she has a stipulated dowry, she is entitled to half of it, unless she waives it. If the wife waives her rights, the husband is not obliged to pay anything, whether they knew the ruling on seclusion or were ignorant of it, for waiving a right is valid even with ignorance of it. It is not appropriate to publicize seclusion if it harms the girl's reputation or spoils her future, for concealment is more befitting.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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