Waiting Period if no Intercourse Happened
Fatwa No: 379213

Question

Assalammu Allaikum Sheikh, my friends daughter was given in marriage one and half years ago and lived together and recently due to a incident between them her parents came to know that they are not living happily and their parents inquired from her further she have told even they lived together in the same house they have not had any sexual intercourse for the whole period they lived together and the girl says she is still a virgin. My friend and his family tried their utmost best to settle things with the husband but he is not giving in he say he will be as he is so they have decided to go for a divorce. Sheikh I would like to know on behalf of my friend if divoced has she have to observe the waiting period (Iddah) as she is still a Virgin. If not please advise the correct procedure in detail .Jazakamullah khairan

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If her husband stayed in seclusion with her in the way that is specified in Islamic Sharee’ah, then she must observe the waiting period (of divorce) even if he did not have intercourse with her and even if he is impotent, as the scholars stated.

It is noteworthy that sexual intercourse is one of the most confirmed rights a wife has over her husband. Therefore, if the man is impotent, then he needs to treat himself.

We advise the wife to be patient and help her husband in this issue, and if she fears that he could be impotent, then she may address those who are in charge of the affairs of the Muslim community where she lives so that they would remove the harm she may be afflicted with.

The majority of the scholars are of the view that the man should be given a chance of one full year to treat himself, and if it is proven after this period that he is impotent, then the wife has the choice either to stay with him or to leave him.

Allah knows best.

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