Does legitimate seclusion with one's fiancée and kissing her without intercourse, while locking the door with a key, count as entry that necessitates the waiting period (iddah), and thus would not require renewing the marriage contract if apostasy occurs thereafter?
If a husband secludes himself with his wife in a valid seclusion where intercourse is possible, then the (waiting period) is established thereby. If one of the spouses apostatizes after this, they are separated until the iddah ends. If the apostate returns to Islam within the iddah, the marriage remains valid and does not require renewal. However, if the apostasy occurs before consummation or before a seclusion that takes its place, the marriage contract is annulled. Apostasy does not occur merely by waswasah (whisperings/obsessive thoughts) as long as the one experiencing them dislikes them. One must turn away from waswasah and pay them no heed, seeking Allah's help and supplicating to be rid of them.
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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