Fathwa, - A woman married solely to assist a man get citizenship. Upon divorce, is the idda (waiting peri

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Question:
A woman married solely to assist a man get citizenship. Upon divorce, is the idda (waiting period) needed?
Answer:
Assalamu alaykum
In the name of Allah the Inspirer of truth
If the couple have spent time together alone in a room or house, where nobody else was present, even if for a short time, as long as there was nothing stopping them from intercourse, then the marriage is considered a consummated marriage.
'Allama Quduri writes,
"When a husband is alone [in isolation�khalwa sahiha] with his wife, in a situation where there is nothing to prevent sexual intercourse from taking place, then he divorces her, she receives the complete dowry [A. and she has to spend the complete idda]. If one of them was sick, fasting during the month of Ramadan, or in pilgrim sanctity of fard or optional hajj or 'umra, or she was menstruating, then it is not an effective isolation (Quduri with al-Lubab 2:151).
Hence, in this case a divorce would have to be followed by a regular three period idda (waiting) and the complete dowry would be payable. If the couple have never been alone together as described above then a divorce would not entail any waiting period. However, half the stipulated dowry would be payable in this case (Radd al-Muhtar 2:599). And Allah knows best.

PUBLISHER Najimudeen M