What is the wife's position regarding an irrevocable divorce issued in absentia, in which the husband claimed non-consummation and absence of valid seclusion, and what is the extent of the validity or invalidity of this divorce? Is it considered a revocable divorce, and what are the wife's financial and legal rights? Is the consummation here considered constructive consummation, obligating the full Mahr and maintenance? And what is the extent of the validity of the husband's claim that no intimacy occurred between them?
Resolving such matters is done by referring to the judiciary. If the valid seclusion ( shar'iyya) is proven, it is considered like consummation according to the majority of scholars. If the spouses dispute its occurrence, the husband's word is accepted with his oath. If it is proven that the divorce occurred before the valid seclusion, it is an irrevocable divorce (bain), and the woman is entitled to half of the dower. She is not permissible for him except with a new contract and a new dower. However, if it is proven that the divorce occurred after the considered seclusion, she is entitled to the full dower, and the divorce is revocable.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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