Source: Aḥkām wa Masāʾil Kitāb wa Sunnat kī Roshnī meṅ by Shaykh Mubashar Ahmad Rabbānī
If a woman is divorced before the consummation (ruḵhsatī or sexual relations) of marriage, is she required to observe ʿiddah?
A woman who is divorced by her husband before consummation (i.e., before any sexual contact) is not required to observe ʿiddah. She may contract a second marriage without delay.
As Allah Almighty has said:
﴿يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا﴾
“O you who believe! When you marry believing women and then divorce them before you have touched them, then there is no ʿiddah for you to count concerning them.”
— [Surah al-Aḥzāb: 49]
Hence, if a non-consummated woman is divorced, she is not obliged to observe any waiting period (ʿiddah). She may immediately enter into a new marriage contract.
And if she wishes to return to her former husband, they may remarry with a new nikāḥ and resume their union.
✦ Question:
If a woman is divorced before the consummation (ruḵhsatī or sexual relations) of marriage, is she required to observe ʿiddah?
✦ Answer:
A woman who is divorced by her husband before consummation (i.e., before any sexual contact) is not required to observe ʿiddah. She may contract a second marriage without delay.
As Allah Almighty has said:
﴿يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا﴾
“O you who believe! When you marry believing women and then divorce them before you have touched them, then there is no ʿiddah for you to count concerning them.”
— [Surah al-Aḥzāb: 49]
Hence, if a non-consummated woman is divorced, she is not obliged to observe any waiting period (ʿiddah). She may immediately enter into a new marriage contract.
And if she wishes to return to her former husband, they may remarry with a new nikāḥ and resume their union.
