The Nikah of a Woman in ‘Idda

Question

A man gave his adult wife, with whom he had had marital relations, three irrevocable (ba’in) talaqs. After two menstrual periods (hayd) had passed, another man married her. Qari ‘Abd al-Latif here says that the nikah did not take place validly, so after seven months the nikah with her was repeated. Within nine months after the repetition she became pregnant by him. Was the second husband’s nikah permissible or not, and how will she observe the ‘idda of the first husband?

Answer

If the three talaqs were given in explicit (sarih) words, then she has become mughallaza (irrevocably divorced). The ruling in her case is that it is wajib for her to observe an ‘idda of three menstrual periods; the nikah contracted after only two menstrual periods had passed is not valid. If this nikah was contracted despite knowing this ruling (mas’ala), then it is zina.

Source: Fatawa Mahmudiyya

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