Nikah During the ‘Idda

Question

A woman was given talaq by her husband after seclusion (khalwa). On the night of that same date of the talaq, without completing the ‘idda of the talaq, this woman contracted nikah with another man, and eight months and ten days later a child was born. Was it permissible for her to contract this nikah or not, and can this woman be regarded as the wife of this present man or not? And if she cannot be regarded as his wife, what should be done?

Answer

Nikah within the ‘idda is impermissible. Therefore this nikah was not valid. After the child is born, the nikah should be contracted anew.

Source: Fatawa Mahmudiyya

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