Is a second marriage considered religiously valid under the stated circumstances, with the iddah (waiting period) ending by way of miscarriage and the absence of a guardian (wali)?

If the marriage of a woman who has been consummated is dissolved by divorce, she is obligated to observe the waiting period ('iddah (definition)). If she is of menstruating age, her waiting period is three complete menstrual cycles. If she is pregnant, her waiting period ends upon childbirth.

The preponderant opinion is that the pregnancy which terminates the 'iddah is one in which the human form is discernible. The minimum period for the human form to become discernible is eighty days. As for a miscarriage in which the features of creation are not discernible, the 'iddah does not end with it; rather, she must observe a waiting period of three menstrual cycles.

However, the Malikis differed, holding that if a woman miscarries congealed blood, her 'iddah ends with it, even if the features of creation are not discernible. The sign that it is a pregnancy is that if hot water is poured on it, it does not dissolve.

If the second marriage occurred based on the presumption that the 'iddah had ended, and this presumption aligns with a recognized madhhab (definition) among scholars (the Maliki madhhab), then it is permissible at that time to follow the Maliki view regarding the termination of the 'iddah by the expulsion of the miscarriage, and the second marriage is validated. This is the view of a group of scholars, regarding the emulation of a less preferred opinion after an event has occurred, especially if adhering to the preponderant opinion would lead to hardship or difficulty.

Therefore, what appears to be correct is the validation of the second marriage based on the Maliki opinion.

As for the marriage arrangements under the patronage of those affiliated with the Naqshbandi Tariqa, if the marriage merely took place in their mosque without any other matter, this does not harm, provided that a Muslim guardian (wali) and two just witnesses were present.

However, if the marriage took place without any guardian at all, or with the guardianship of a person who follows this misguided and innovative Tariqa, then the marriage is invalid. Therefore, it is more cautious to re-contract the marriage anew with the presence of a Muslim guardian from the woman's relatives, or the Sharia (definition) judge, or the director of the Islamic center, or the Imam of the mosque, or a just Muslim man.