Fatwa: # 42518
Category: Marriage (Nikah)
Country: United States
Date: 9th May 2019

Title

Is it permissible to marry a woman in her 'idda? If not, what can I do?

Question

Aslamoalaikum

I am seeking Fatwa for Iddah after Talaq for the following situation

My cousin got Divorced from her husband. Her husband was very bad character and tortured her physically as well sexually. Her husband harassing her since he divorced her and want her to come back to him which obviously she don’t want to do as this will be Gunah. Her husband is making contacts with her children and pressurising her to come back or she will face consequences.

 She also need to go outside for work so she can feed her 4 children. Where she lives people are keeping an eye on her and trying to make relation with her by giving money or by harassing her. I proposed her and want to marry her so she can live with respect and safety but her family insisting that we cannot do Nikah until she complete Full Iddah.

She is very frighten as she is not sure until when she can hold this pressure and want to do Nikah with me so she can live with Dignity and Safety.

Can you please provide Fatwa considering the above facts and advise either Iddah is obligatory and her to keep her Izzat.

I hope you understand the above situation which far worse in reality Thanks and Regards

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

No, it is not permissible to marry her in her 'idda and such a marriage will not be valid. The woman must complete her 'idda first. Until then she is not allowed to even make a promise of marriage with another person, let alone conduct the actual marriage. See Ask Imam #19105 for further details.

However, while it is best for 'idda to run its natural course, due to reasons mentioned in your inquiry, the woman in question can take medicine in order to end her 'idda quicker. This is as long as the medicine taken is halal and does not adversely affect her health. [i][ii]

Keep in mind that the ‘idda of divorce is three complete menstrual periods with a minimum of 15 days (360 hours) or more of purity [tuhr] between each menstrual period. Therefore, her ‘idda will only end with the completion of the 3rd menstrual period after divorce.

(Note: If she was divorced during a menstrual period then that menstrual period will not be considered and will not count towards fulfilling her ‘idda).

And Allah Ta’āla Knows Best,

Checked and Approved by,
Mufti Ebrahim Desai.

______

وعليه فالمرضع التي لا ترى الدم في مدة إرضاعها، لا تنقضي عدتها إلا بالحيض كما سيأتي التصريح به في [i]

باب العدة وقال في السراج: سئل بعض المشايخ عن المرضعة إذا لم تر حيضا فعالجته حتى رأت صفرة وقال في
السراج: سئل بعض المشايخ عن المرضعة إذا لم تر حيضا فعالجته حتى رأت صفرة في أيام الحيض قال: هو حيض تنقضي به العدة. اهـ

رد المحتار، ١/ ٣٠٥


وعليه فالمرضع التي لا ترى الدم في مدة إرضاعها، لا تنقضي عدتها إلا بالحيض كما في الدر من باب العدة [ii]

وفي السراج سئل بعض المشايخ عن المرضعة إذا لم تر حيضا فعالجته حتى رأت صفرة في أيام الحيض قال: هو
حيض تنقضي به العدة
مجموعة رسائل ابن عابدين ١/ ٨٣

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