Performing Nikah before the Iddah period actually expires

Q. What happens if a woman miscalculated her Iddah of divorce and made Nikah immediately thereafter? Is the Nikah valid?

A. It is compulsory (Waajib) upon a menstruating woman to observe the Iddah period of 3 menstrual (Haidh) cycles once she is issued with a divorce. The minimum period of a valid menstrual (Haidh) cycle is 3 days and the maximum period is 10 days.

In the enquired case, if the Nikah was performed before the Iddah period was actually terminated, it resulted in the performance of Nikah during the Iddah period.

As a woman cannot perform Nikah to another man whilst observing the Iddah period, the Nikah performed was invalid. Thus, a new Nikah will have to be performed for husband and wife to be considered legally married in Islam.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

themufti.com