Is the Nikah of a Woman in ‘Idda Valid?

Question

A girl, owing to discord with her husband, had been living separately from him for about three years, three miles away from her husband. After much distress a talaq (divorce) was obtained. Only about one week will have passed since the talaq, and she has already been quietly married in a second nikah. Is this nikah valid or not?

Answer

If the bride’s send-off to her husband’s home and valid seclusion (khalwa sahiha) had already taken place, and after that, because of discord and living apart for three years, a talaq was obtained, then an ‘idda of three menstrual periods (hayd) is necessary.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.