Fatwa ID: 05188

Answered by: Mufti Mohammed Tosir Miah

Question

I have not been married for 3 months but no rukhsati yet. Even though I have spent few minutes alone and spent time outside with my wife and have touched each other/kissing. So is there an iddat in the case of talaq?

In the name of Allah, the Most Beneficent, the Most Merciful.

Answer

It is not necessary for Iddah to only be obligatory if the husband had consummated the marriage.  If the husband and wife had “Khalwah Sahihah” i.e. if they were together at a private place without any apprehension of interference by someone and there is nothing to prevent them from having sexual intercourse, this type of privacy (Khalwah Sahihah) carries the same legal consequences as actual intercourse. (Maariful Qur’an p.187 v.7 & Fatawa Hindiyyah p.526 v.1)

So, therefore, in your situation, Iddah will be obligatory upon the wife even if she was being divorced prior to consummation of the marriage as there was Khalwah Sahihah.

Only Allah Knows Best

Answered by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham