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Fatwa CenterKey Conditions of Khalwah Before Consummation of Marriage
Question
Asslamoalaykum.After nikah and before consummation,does holding hands,kissing or sitting or standing very close to my husband in a way that we are touching each other in a public place or an open place or room where there are people around who can see us, count as consummation of the marriage/nikah? Is this khalwat?Even though we have never spent time alone in a private place and we never had any sexual relation.If the marriage is annulled/divorced in this situation, will the wife observe iddah?
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 
is His slave and Messenger.
Scholars have explained what constitutes as Khalwah (a valid seclusion) according to Islamic law; one that is treated as equivalent to consummation of marriage. It is the seclusion in which sexual intercourse is normally possible. As for merely being alone in a place where another person could enter, or any touching or kissing while there is no assurance against others entering - let alone being in a public place - this is not considered a valid Khalwah that entails the legal rulings of consummation, such as the entitlement to the full Mahr (dowry), the obligation of ‘Iddah (the waiting period), and the like. Accordingly, it is understood that the situation mentioned in the question does not constitute a valid Khalwah in Islamic law, and therefore the woman is not required to observe ‘Iddah if a divorce takes place.
Lastly, we should take heed that such actions which are normally considered shameful, such as kissing and the like, should not be done in public places or in front of people, for shyness is part of faith.
Allah knows best.
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