The Effect of Valid Seclusion (al-Khalwah al-Saḥīḥah) on the Dowry (al-Ṣadāq) in Islamic Jurisprudence and Law

Abstract

This research examines the effect of valid seclusion (al-khalwah al-saḥīḥah) on the dowry (al-ṣadāq) in Islamic jurisprudence and law. The study aims to elucidate the concept of valid seclusion and delineate its defining parameters, seeking to address the research problem encapsulated in the following questions: What is valid seclusion in linguistic and terminological terms? What is the criterion for valid seclusion? Does seclusion affect the legal rulings pertaining to the dowry from a jurisprudential perspective? What is the legal standpoint regarding the effect of seclusion on the dowry?

The researcher adopted the inductive-deductive method and structured the research into an introduction, three main chapters, and a conclusion. The conclusion presented the most significant findings, which include: the effect of valid seclusion on the dowry is upheld by the majority of jurists (al-jumhūr), contrary to the Shāfiʿī school position. The criterion for valid seclusion is defined as any meeting between the spouses in a place where they are secure from the observation of others, provided there are no physical or legal impediments preventing consummation.

The personal status laws examined in the study concur on the legal effect of valid seclusion on the dowry, aligning with the predominant legal school (madhhab) in the respective countries. These laws generally do not specify detailed parameters for valid seclusion, leaving room for juristic interpretation (ijtihād), with the exception of the Saudi Personal Status Law. The Saudi law explicitly stipulates that the criterion for valid seclusion is "that he secludes with her away from the sight of a discerning person."