Ruling on Marriage Before Completion of ʿIddah and Sharʿi Guidance
Source: Fatāwā Rāshidiyyah, p. 449
❀ Question
What do the scholars of Islam say regarding the case where a husband and wife stayed together only for one day after their marriage, then the husband divorced his wife. On the fifth day after divorce, the wife married another man, i.e., before the completion of her ʿiddah. Kindly explain whether such a marriage is valid according to Sharīʿah or not?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must be understood that such a marriage is invalid, because marriage before the completion of ʿiddah is not permissible in Sharīʿah.
① ʿIddah of a Divorced Woman
✿ The ʿiddah of a divorced woman is three menstrual cycles, as Allah says:
﴿وَٱلْمُطَلَّقَـٰتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَـٰثَةَ قُرُوٓءٍ﴾ (البقرة: 228)
“Divorced women shall wait by themselves for three menstrual cycles.”
② ʿIddah of a Pregnant Woman
✿ If the woman is pregnant, her ʿiddah lasts until she delivers her child, as Allah says:
﴿وَأُو۟لَـٰتُ ٱلْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ﴾ (الطلاق: 4)
“The term of pregnant women is until they deliver their burden.”
③ Women Who Do Not Menstruate
✿ If a woman has stopped menstruating, whether due to young age or old age, then her ʿiddah is three months, as Allah says:
﴿وَٱلَّـٰٓـِٔى يَئِسْنَ مِنَ ٱلْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ٱرْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشْهُرٍۢ وَٱلَّـٰٓـِٔى لَمْ يَحِضْنَ﴾ (الطلاق: 4)
“And those of your women who no longer menstruate—if you are in doubt—their ʿiddah is three months, and likewise for those who have not yet menstruated.”
④ Ruling on Marriage During ʿIddah
✿ In any case, marrying during ʿiddah is prohibited, as Allah commands:
﴿وَلَا تَعْزِمُوا۟ عُقْدَةَ ٱلنِّكَاحِ حَتَّىٰ يَبْلُغَ ٱلْكِتَـٰبُ أَجَلَهُ﴾ (البقرة: 235)
“And do not resolve on the marriage contract until the prescribed term (ʿiddah) has been completed.”
❀ Conclusion
◈ Since this marriage was performed before the completion of ʿiddah, it is invalid and impermissible in Sharīʿah.
ھذا ما عندی واللہ اعلم بالصواب
