Is there an 'iddah for a wife who was divorced after a valid seclusion (khalwa shar'iyya) without consummation, and is what occurred after the divorce considered zina (adultery/fornication) or a رجعة (revocation of divorce)?
A woman's marriage without a guardian (wali) is invalid according to the majority of scholars. However, a divorce in such a marriage is considered valid due to the existing scholarly disagreement regarding its permissibility. This divorce is considered an irrevocable divorce (bain), meaning the husband does not have the right to take her back. The issued is that the marriage is invalid, and the woman became irrevocably separated from her husband the moment of the divorce, whether before or after consummation. They must separate. If they wish to remarry, a new contract must be concluded through her guardian. Their cohabitation before that is not considered zina (fornication) as long as they believed in the permissibility of reconciliation; rather, it is considered cohabitation due to a misconception (wat' ). It is advisable to present the issue to a court or to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 133347
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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