Talaaq issued after khalwat saheehah

Q: If one talaaq happened after khalwat e sahiha but before intercourse, would that constitute talaaq e bain? 

I have read somewhere that majority of the Hanafi, Maliki and Shafi scholars have a view that its an irrevocable divorce, however the wife will still have to spend the full iddat and will be entitled to full mehar.

A: This is correct. The talaaq issued after khalwat saheehah will be regarded as a baain talaaq (irrevocable talaaq). Iddat will be compulsory upon the wife and she will be entitled to receive the full mahr.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)