Does a waiting period (iddah) become obligatory for a girl who had a marriage contract (aqd) that was subsequently annulled, after her husband had visited her and they exchanged greetings and kisses, and the gathering was completely open from both sides?
If there has been no valid seclusion ( shar'iyya) between the spouses, then there is no waiting period (idda) for the wife. However, if seclusion did occur, meaning the husband secluded himself with his wife in a place where no discerning Muslim was present, or he secluded himself with her in such a way that there was no real, legal, or natural impediment to intercourse, and then he divorced her, then she must observe the idda according to the three madhhabs (Hanafis, Malikis, and Hanbalis). The full mahr (dowry) is also obligatory according to the Hanafis and Hanbalis. As for the Shafiis, their more authoritative opinion is that seclusion does not take the place of consummation (dukhul). The Malikis, on the other hand, do not obligate the completion of the mahr if the wife admits that intercourse did not occur.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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