Marriage of the Man Who Committed Zina to a Married Woman Without Observing the ‘Idda

Question

A man brings another man’s wife to himself and keeps her in his home for four or five years; children have even been born to him from her. Now she has also been given a talaq (divorce). Is the nikah of this man who committed zina with this divorced adulteress now valid without repentance (tawba), seeking forgiveness (istighfar) and ‘idda, or not? Does a nikah take place without ‘idda or not?

Answer

Just as committing zina is haram, likewise contracting a nikah during the ‘idda after talaq is also haram, however long that woman may have been separated from her husband and engaged in zina. Such obstinacy is very dangerous. It is necessary for him to separate that woman from himself immediately and to make repentance (tawba) and seek forgiveness (istighfar).

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.