Fatwaa ID: 1531
السلام علیکم ورحمة الله وبركاته
Please advise on the iddah period that a woman will sit for, And Mahr to be paid from the groom with regards to a marriage that was consummated and not consummated after nikaah.
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.
We understand from your query that you are enquiring about the ‘iddah of a divorcee.
1a. If a woman is divorced after consummation of the marriage, then her ‘iddah will be three menstrual cycles unless she is pregnant. In that case, her ‘iddah will end upon childbirth.
1b. If the marriage was not consummated, then there is no ‘iddah on a divorcee.
2a. If the marriage was consummated, then the husband owes full mahr.
2b. If a woman is divorced prior to consummation of the marriage, then she is entitled to only half of the agreed mahr.
It should be noted that consummation is achieved by khalwah saheehah according to the Hanafi legal school. 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.
And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
01/07/1445 AH – 07/25/2023 CE | AML1-8099
وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين
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