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Fatwa CenterDivorce in marriage without sexual relations
Question
If a husband divorces his wife, and during the time of the marriage there was no sexual relationship, after the divorce is there Iddah. I have read somewhere in Arabic, if the husband (Lam Yadqul Alyhaah in Arabic) there is no Iddah required. Can you clarify the full meaning of the word (Yadqul) does that mean full sexual relationship or does kissing and holding hands come into it as well? If the husband said Raja'tu during that Iddah period is that correct or not since there is no Iddah?
Answer
Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
There is a consensus of opinion among Muslim scholars that a divorced woman, who has had sexual intercourse with her husband, is required to observe 'Iddah (woman's prescribed retreat or waiting period after divorce or death of husband). Also, 'Iddah is imposed on a woman who has had true Khalwah (privacy) with her husband. According to Ibn Hazm in his book Marateb al-Ijmaa: 'There is a consensus of opinion among the Prophet (Sallallahu Alaihi wa Sallam)'s companion that if a wife has had Khalwah with her husband, 'Iddah became obligatory even if he has not sex with her'.
Imam Ahmad and al-Athram reported from Zurara Ibn Abu Aufa who said: 'The four well-guided Caliphs have decided that if a wife is present in some house and the door is closed and curtain is lowered down, then observing 'Iddah and a dowry become mandatory'.
Ibn Qudamah said: 'Cases mentioned above and their likes become well-known and no one denies them. So, they become like consensus'.
A true Khalwah means that a husband meets his wife in a place where nobody can see them, and both are fit for sexual intercourse.
Kissing and shaking hands are not considered a form of coition unless a husband and wife were in a true Khalwah. A person who divorces his wife after a true Khalwah, may return his wife (after being divorced) while she is in 'Iddah period.
Allah knows best.
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