Marriage During ‘Iddah: Islamic Ruling and Consequences

The Ruling of Nikah During ‘Iddah: Understanding the Islamic Perspective

A disturbing practice is becoming evident among women, where they get married to another man during their ‘iddah (waiting period). However, Allah has commanded women to complete their ‘iddah, and men to marry them only after their ‘iddah has ended. The divine command is as follows:

وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِ مِنْ خِطْبَةِ النِّسَاءِ أَوْ أَكْنَنتُمْ فِي أَنفُسِكُمْ ۚ عَلِمَ اللَّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ وَلَٰكِن لَّا تُوَاعِدُوهُنَّ سِرًّا إِلَّا أَن تَقُولُوا قَوْلًا مَّعْرُوفًا ۚ وَلَا تَعْزِمُوا عُقْدَةَ النِّكَاحِ حَتَّىٰ يَبْلُغَ الْكِتَابُ أَجَلَهُ ۚ وَاعْلَمُوا أَنَّ اللَّهَ يَعْلَمُ مَا فِي أَنفُسِكُمْ فَاحْذَرُوهُ ۚ وَاعْلَمُوا أَنَّ اللَّهَ غَفُورٌ حَلِيمٌ (البقرۃ:235)

Translation: There is no blame upon you if you hint at or conceal in yourselves a proposal for marriage to these women, or you express an intention in your hearts. Allah knows that you will mention them, but do not make secret promises to them, except that you say a good word. And do not finalize the marriage contract until the prescribed period reaches its end. And know that Allah knows what is in your hearts, so fear Him. And know that Allah is Forgiving and Forbearing.

This verse is about the woman whose husband has passed away. No man can marry her until she completes her waiting period. Even proposing during her ‘iddah is not allowed; however, one can express an interest indirectly, for example, by saying, “I wish to marry a woman.” This rule also applies to a woman who has been divorced with the third divorce (i.e., irrevocable divorce or talaq ba’in) and to a woman who has been separated through khul‘.

For a woman in her first or second talaq (revocable divorce), the waiting period is different because her husband may return to her, making it prohibited to propose, even indirectly, during this time.

From this verse, it is clear that whether a woman is in her ‘iddah due to divorce, death, or khul‘, it is prohibited to propose marriage or marry during this period. The consensus among scholars is that marriage during the ‘iddah is forbidden. However, it is evident that many women today disregard the ‘iddah period. Some women neglect its requirements, and some even marry another man during their ‘iddah.

The main question here is: If a woman gets married during her ‘iddah, what is the ruling on this from an Islamic perspective?

On one hand, for a marriage to be valid, there must be no prohibiting factors, and ‘iddah is one such factor. On the other hand, we have learned from the Qur’an that proposing or marrying during the ‘iddah is not permissible. Scholars have declared such a marriage to be forbidden, meaning that a marriage during ‘iddah is invalid.

If a woman marries during her ‘iddah, the marriage is not valid, and she and the man are considered separate. They will be separated, as divorce is not needed in this case, since the two are not considered husband and wife. After separation, the woman must complete her remaining ‘iddah from her first husband. Afterward, if she wishes, she can marry the second man with the consent of her guardian. She must also sincerely repent to Allah for committing the sin of marrying during her ‘iddah.

Regarding a woman who marries during her ‘iddah, the ruling of Umar ibn al-Khattab (may Allah be pleased with him) is as follows:

قال عمرُ : أيُّما امرأةٍ نُكحت في عدتِها ولم يَدخلْ بها الذي تزوجها فُرِّق بينهما ثم اعتدت بقيةَ عدتِها من زوجِها الأولِ وكان خاطبًا من الخُطَّابِ وإن دخل بها فُرِّق بينهما ثم اعتدتْ بقيةَ عدتِها من زوجِها الأولِ ثم اعتدتْ من الآخرِ ولم ينكحْها أبدا(إرواء الغليل:2125، قال البانی سندہ صحیح)

Translation: Umar said: “If any woman marries during her ‘iddah, and the man has not had intercourse with her, they should be separated, and she should complete her ‘iddah from her first husband. Afterward, the second man can propose, just as any suitor would. But if the second man has had intercourse with her, they should be separated, and she must complete her remaining iddah from her first husband, then she must observe ‘iddah from the second man as well. Moreover, she cannot ever marry the second man again.”

In the fatwa of Umar ibn al-Khattab, two situations are mentioned: one, where the woman married during her ‘iddah, but the second man did not have intercourse with her. In this case, after separation, she completes her ‘iddah from her first husband and can marry the second man. The second situation is where the second man has had intercourse with her. In this case, after separation, the woman must complete her ‘iddah from both husbands, and she can never marry the second man again.

In conclusion, a woman who marries during her ‘iddah must be separated from the man. She will complete her remaining ‘iddah from her first husband, and afterward, she may marry another man. It is not obligatory to complete the second ‘iddah unless intercourse has taken place. However, following Umar’s fatwa, it is preferable to complete the second ‘iddah as well if intercourse occurred. As for Umar’s statement about never marrying the second man again after intercourse, it should be noted that he later withdrew this opinion, and the correct view is that it is permissible to marry the second man after completing both ‘iddahs. This is the opinion of the majority of scholars.