Fatwa #560024 May 2002South Africa
if after making nikaah,the marraige does not get consumated, is it compulsory to still sit in iddat?
Question
my sister, had got divorced, she sat in iddat for the required period, after her iddat, she made nikah to Mr X, MR X refused to consumate the marraige and gave her talaaq 3 days after the nikaah was performed. Is it still compulsory for her to sit in iddat? please advice. jazakallah
Answer
A divorcee is dutybound to observe the Iddah (waiting period) only if she
experiences Khalwate Saheeha with her ex-husband. (Hidaaya vol.2 pg.326).
Khalwat-e-Saheeha is the husband and wife were in privacy, that there was no
Shar'ee obstacle preventing them from intimate relations.
The Shar'ee obstacles which may prevent the privacy from becoming
Khalwat-e-Saheeha are, a) The woman is experiencing her monthly menses, b)
One of the spouses are offering an obligatory fast, c) One of the spouses
are in condition of Ihraam. However, if Khalwat-e-Saheeha was experienced
but the spouses did not have any intimate relationship, then too Iddah is
necessary.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
experiences Khalwate Saheeha with her ex-husband. (Hidaaya vol.2 pg.326).
Khalwat-e-Saheeha is the husband and wife were in privacy, that there was no
Shar'ee obstacle preventing them from intimate relations.
The Shar'ee obstacles which may prevent the privacy from becoming
Khalwat-e-Saheeha are, a) The woman is experiencing her monthly menses, b)
One of the spouses are offering an obligatory fast, c) One of the spouses
are in condition of Ihraam. However, if Khalwat-e-Saheeha was experienced
but the spouses did not have any intimate relationship, then too Iddah is
necessary.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai