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Fatwa CenterThe Iddah for a woman who divorced before consummating the wedding
Question
My cousin's Nikah was held in Islamabad a year ago but after the Nikah ceremony she flied back to the UK and never ever spent time with her husband except 3 hours at Nikah ceremony in front of 200 people. Now she got divorced from her husband who is in Pakistan from the very first day after their Nikah. What is the IDDAH for my cousin?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
If the husband of this woman has not cohabited with her after establishing the marriage contract or has not stayed with her in privacy where they can have intimate relations, then there is no Iddah to be observed. Allah says: "O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no 'Iddah [divorce prescribed period], have you to count in respect of them. (Al-Ahzab 33:49)"
However, if he has cohabited with her or stayed with her in privacy where they were able to have sex then she has to observe Iddah and she is entitled to all Mahr that has been agreed. If there was no mention of fixed Mahr then she deserves a Mahr that is similar to women of her status.
However, scholars have various opinions concerning the aspect of Khalwah (staying in privacy) and the Khalwah that entitles a woman to receive the entire Mahr.
If a traveling woman requires observing Iddah whether it is due to divorce or for any other reason, she has the following two choices, according to the majority of Muslim scholars. She may observe her Iddah in the place where she is already (if the place is safe) or she may return to her husband's house if she has a Mahram to travel with her. If the distance is less than the distance that entitles her to shorten the prayers she has to return to the house of her husband if she can go safely.
Allah knows best.
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