FatwaFederal TerritoriesMarriage & Family
AL-KAFI #2003: IDDAH JANDA BERHIAS
Does a divorced wife who was touched by her husband but remains a virgin, without penetration, have to observe iddah, and can her ex-husband take her back?
Short answer
According to the Shafi'i school, a wife divorced before intercourse has no iddah.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
According to the Shafi'i school, a wife divorced before intercourse has no iddah. Iddah becomes obligatory if there was intercourse with penetration, or if the husband's semen entered her vagina even without penetration. Where there is no iddah, the ex-husband cannot take her back and the divorce is classed as bain sughra. A wife whose husband dies must observe an iddah of four months and 10 days even if intercourse never took place.
Written in our own words from the original fatwa — check the source before acting on it.
Menurut pandangan mazhab al-Syafi'i, sekiranya suami menceraikan isteri dalam keadaan dia belum disetubuhi, isteri tidak mempunyai iddah.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #2003: IDDAH JANDA BERHIAS”, 19 September 2024. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/5988-al-kafi-2003-iddah-janda-berhias. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/iddah-divorced-wife-still-virgin/