ʿIddah of a Pregnant Woman and Marriage With Husband’s Brother After Divorce
Source: Fatāwā Rāshidiyyah, p. 460
❀ Question
Shafīʿ Muḥammad divorced his wife Shahnāz with three divorces while she was pregnant. Now Shafīʿ Muḥammad’s brother wishes to marry her. Can he marry her, and how long is the woman’s ʿiddah?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must be understood that the ʿiddah of a pregnant woman lasts until the delivery of the child. As soon as she gives birth, her ʿiddah is complete.
Allah the Exalted says:
﴿وَأُو۟لَـٰتُ ٱلْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ﴾ (الطلاق: 4)
“And those who are pregnant—their term is until they deliver their burden.”
Rulings:
◈ During the ʿiddah, the husband (Shafīʿ Muḥammad) is responsible for her maintenance and residence.
◈ Once the ʿiddah ends, the woman may marry through a valid guardian (walī), because:
((لا نكاح إلا بولي))
“There is no marriage without a guardian.”
◈ If she willingly wishes to marry Shafīʿ Muḥammad’s brother, it is permissible and Sharīʿah imposes no restriction on such a marriage.
ھذا ما عندی واللہ اعلم بالصواب
