What is the meaning and ruling of valid seclusion (al-khalwa al-shar'iyya), and is seclusion with one's wife before consummation (intercourse) and without a wedding feast considered valid entry to her?
The "Shar'i seclusion" (al-khalwah al-shar'iyyah) occurs when a husband and wife are alone together with a door closed or a curtain drawn. This also includes being alone with the wife away from people's eyes. If this occurs, it is considered as consummation (dukhool) and consequently, the wife must observe the ' (waiting period). The entire mahr (dowry) becomes due according to the Hanbalis and Hanafis. The Malikis agreed with them regarding the obligation of the 'iddah but not the mahr. As for the Shafi'is, none of this becomes obligatory except through sexual intercourse (al-wat'i). As for the (wedding banquet), it is recommended according to most scholars, and the is to hold it after consummation. Its time begins after the marriage contract, and it is preferable to hold it after building a home with the wife.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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