Is a divorce that occurred —prior to consummation and seclusion— due to parental coercion and threats, with the husband uttering the word "huna" (here) instead of "ana" (I) and intending to refer to the girl's name not the place, considered a valid divorce according to Sharia, and what are the obligations incumbent upon the husband towards his fiancée, especially given what transpired between them in terms of touching and pleasure?
There is no benefit in issuing a regarding a matter that has been judicially ruled upon, because the judge's ruling removes disagreement and is binding on everyone.
To solve the problem, the questioner must demonstrate to the judge that the divorce was issued under duress from the wife's family. If the judge deems the duress to be legally valid, he will overturn the previous ruling; otherwise, he will uphold it.
If the divorce is executed, the wife must observe the ' (waiting period) and is entitled to all the rights of a divorced woman, due to the occurrence of valid seclusion (al-khalwah al-shar'iyyah) between them, which is treated as equivalent to consummation. Valid seclusion is the private solitude of the spouses in a place where intercourse is possible, even if it does not occur.
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- Original fatwa ID
- 68367
- Imported
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