if after making nikaah,the marraige does not get consumated, is it compulsory to still sit in iddat?

24 May 2002 · 12 Rabiʻ I 1423 AH1 min readFatwa 5600English

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

Answered by: Mufti Ebrahim Desai

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