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Iddah after nikaah

Fatwaa ID: 1565

Question:
اسلام عليكم ورحمة الله وبركاته
Two people had their nikkah done since about February. They did not engage in any relationships nor did they live together. Recently, the girl found out that the man’s family had different cases and legal offenses against them. If she wants to divorce/ khulla him, will she have to go into iddat ?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

In principle, if a divorce takes place prior to khalwah saheehah, then there is no ‘iddah on the divorcee. If khalwah saheehah was found, then there will be ‘iddah of three menstrual cycles. Khalwah saheehah refers to unrestricted valid seclusion wherein the couple have the opportunity to engage in penetrative intimacy without the fear or possibility of interference from others. Khalwah and consummation, according to the Hanafi legal school, is established irrespective of whether intimacy is found or not.

We are not in a position to advise whether the request for divorce or khula’ in the enquired situation is justified or not. We suggest you consider all angles and consult with the appropriate people before making the decision. Likewise, istikhaarah is essential.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

01/15/1445 AH – 08/02/2023 CE | AML3-3559

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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