Fatwa ID: 02461

Answered by: Ustadha Umm Abdullah

Question:

When my partner applied for khula from her first husband it was granted in March last year and a week or 2 later we had nikah done bearing in mind she provided the imam at the time of nikah so I do not know what she had told him, was our nikah valid because realising now she did not go through her iddat period.
After suffering verbal and physical abuse from my partner and giving her many chances to better herself and trying to help her after 8 or 9 attempts I left the house and over a week later met her in all my senses told her the reason and gave her talaq 3 times. Can you please advise me on both matters?

JazakAllah

Answer

بسم الله الرحمن الرحيم

Allah Ta’ala states in the Qur’an;

وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ ۚ وَلَا يَحِلُّ لَهُنَّ أَنْ يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ إِنْ كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الْآخِرِ

“Divorced women should wait (should abstain from remarrying) for three (menstrual) courses (after divorce, called iddah). It is not lawful for them to conceal (to keep secret) that which Allah has created in their wombs if they (really) believe in Allah and the Last Day.”

[Surah Baqarah: 228]

The above verse clearly mentions the prohibition of a woman marrying before her iddat is complete. A nikah contracted during this time is invalid.

As she did not observe iddah, your nikah with her was invalid.

Due to the marriage not coming into effect to begin with, there is no question about anything that occurred between you both.

It is a sin to get married during iddat. Asyour relationship was unlawful, you should both sincerely repent for the time you spent together.

Only Allah Ta’ala knows best

Ustadha Umm Abdullah

Darul Ifta Birmingham.

Checked and approved by Mufti Mohammed Tosir Miah