Fatwa ID: 05304

Answered by: Alimah Sofia Mirza

Question

Does khalwate saheeha without dukhool make a woman halaal for her previous husband who gave her three Talaaq?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

If a woman is divorced three times it is not permissible for her to return to the first husband until she marries another man with the proper Nikah and he has sexual intercourse with her, thereafter which he divorces her or dies. The condition is that the intercourse should be in a manner that necessitates Ghusl and that is the entering of the male private part into the female’s, however, ejaculation is not necessary. Therefore, Khalwa sahiha in this situation will not make the woman halal for her first husband.

Only Allah knows best

Written by Alimah Sofia Mirza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Fatawa al Hindiyyah, Darul Kutub al Ilmiyyah, Vol 1, Pg. 506