Source: http://qa.muftisays.com/?1749
Question ID: #1749
 
Question: iddah
Assalam o alaikum
ive been in contact with you via emails but i have still not go any reply from you. any way emailing again.
i have been in nikah for more than 8 years, since my nikah i have never been in a sexual relationship with my husband (as he never ever wants to) but only kissing and hugging and thats it. my question is if i get divorce from him, will i be due to any iddah? please do reply as soo as possible.
may Allah swt give you peace in this world and the herafter.
parveen
from pakistan.
 
 
Answered by: Ulamaa ID 08 (London)
Date: 05/06/2006 20:58pm

Bismihi Ta'aala

Wa-alaykum As-Salaam

You will have to sit in Iddah if Khalwah-Saheehah (husband & wife are in such seclusion, that they have the opportunity to have intercourse) has taken place. Khalwah-Saheehah is as mentioned above, but with three conditions: there is no 'tibbee', 'tab'ee' or 'shar'ee' prevention.

(1) Tibbee (medical) prevention: The husband and wife are in seclusion, but due to some medical reason, they (husbane & wife) are prevented from having sexual intercourse.

(2) Tab'ee (natural/general) prevention: The husband and wife are not in total seclusion E.g. they are in a room alone, but someone else is closeby due to which they are prevented from sexual intercourse.

(3) Shar'ee (Islamic Jurisdictional) prevention: The husband and wife are in seclusion, but due to a shar'ee reason E.g. the wife is on her monthly period, they are prevented from sexual intercourse.

If any of the above preventions take place during seclusion, the wife will not have to sit in Iddah. However, if none of the above preventions take place, the lady will have to sit in Iddah.

And Allaah knows best.
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