If the marriage was invalid and was annulled or divorce occurred because of it, is the waiting period (iddah) one menstrual cycle or three menstrual cycles?
If separation occurs in a (irregular/corrupt) marriage, whether by annulment or divorce, there is a detailed explanation:
- If its validity is disputed, then its waiting period () is like that of a (valid) marriage: three menstrual cycles. - If there is a consensus on its invalidity, then there is no waiting period.
Shaykh al-Islam Ibn Taymiyyah preferred the view that the waiting period in a fasid marriage is through istibra (clearing the womb) with a single menstrual cycle, and this is the most preponderant opinion. This is because Allah Almighty mandated three menstrual cycles only for divorced women from their husbands.
The difference between a (void/null) contract and a fasid (irregular/corrupt) contract: A batil contract is one on whose invalidity scholars have agreed, while a fasid contract is one on which they have differed.
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