Does the full *mahr* and the waiting period (*iddah*) become established for the wife after consummation has not occurred but valid seclusion (*khulwah*) has taken place?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The full *mahr* and the waiting period are established for the wife upon valid seclusion following a correct marriage contract, even if actual sexual intercourse has not occurred. This view is held by the Rightly Guided Caliphs, Zayd, Ibn Umar, Ali ibn Al-Husayn, Urwah, Atah, Al-Zuhri, Al-Awza'i, Ishaq, and the Ashab Al-Ra'y (People of Opinion). It is also an early position of Al-Shafi'i. The primary evidence is the reported judgment of the Rightly Guided Caliphs that whoever locks a door or draws a curtain has established the *mahr* and the waiting period, which was widely known and unchallenged in their time, indicating consensus (*ijma'*). This seclusion is interpreted as the implied cause for the consequence mentioned in the verse concerning divorce before consummation (Quran 2:237). Furthermore, the term *ifda'* (intimacy) in Quran 4:21 is understood by some scholars to mean seclusion.
Supporting text
A dissenting view, held by Shurayh, Al-Sha'bi, Tawus, Ibn Sirin, and Al-Shafi'i in his later opinion, is that the *mahr* is not established except through actual sexual intercourse. This is based on Quran 2:237, which mentions divorce before 'touching' (*massa*), and Quran 4:21 mentioning 'intimacy' (*ifda'*), interpreted as penetration. A narration attributed to Ahmad suggests that if the wife confirms non-intercourse, the *mahr* is not completed, though the *iddah* remains due.