Is it permissible to follow the Hanbali school of thought in returning a wife who was divorced before consummation, but after a private meeting (khalwa) in which kissing and foreplay occurred, knowing that this school of thought was not previously followed? And is it permissible for the woman who was divorced before consummation but after a private meeting to touch her ex-husband during her waiting period (iddah)?
Divorce before consummation is an irrevocable divorce, meaning the husband does not have the right to revoke it, and the wife is not required to observe an ' (waiting period). If a valid seclusion ( sahihah) occurs after the marriage contract, the Hanbalis consider it equivalent to consummation in establishing the right of revocation after divorce, whereas the majority of scholars disagree with this. According to the majority, a woman divorced after seclusion but before consummation becomes a stranger (ajnabiyyah), so seclusion or physical contact between them is not permissible. However, according to the Hanbalis, she is revocably divorced and is treated like a wife who is still under marital bond, thus it is permissible for her to touch her husband and be secluded with him. We advise renewing the marriage contract, in consideration of the majority opinion on matters of differing scholarly views.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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