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Khula before khalwat

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My question is these if khula is taken before bidai and their is no physical contact between husband and wife, no out going, nothing, just a nikaah performed like an engagement. Girl is completely virgin. theie is no bidai at all. So does she have to be sit in iddat or not?

Bismillaah

A: If the nikaah was not consummated and nor did the spouses remain in seclusion for the duration where the nikaah could be consummated and the husband thereafter made khula, then one talaaq-e-baain will take place and iddat will not be waajib upon the wife.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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