Nikah During the ‘Idda

Question

Hinda was widowed. Her ‘idda of death (‘iddat al-wafat) had not yet ended when she was married off to the brother of her deceased husband, although the said woman was not consenting. For this reason she stayed away from home for three days. On the third day she compelled the said man, to whom she had been married, to give talaq, and so he gave talaq: he wrote a divorce deed on government stamp paper in accordance with the English law. After this the said Hinda now wishes to contract nikah with this same man.

Answer

Nikah within the ‘idda is not permissible. The one who contracted the nikah, the one who read the nikah, all the participants of the gathering, as well as those people who were able to prevent this nikah but then kept silent and did not prevent it — all of them without exception have become sinners, and repentance is obligatory upon all of them.

Source: Fatawa Mahmudiyya

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