Is the marriage valid, and what are the resulting 'iddah and kaffarah, if it took place with the knowledge of an unauthorized person, and without proof of the wife's divorce from her first husband, and without the knowledge of her family?
The woman's action of entering into a second marriage before the documentation of her divorce from the first marriage exposes her to many harms. Her second marriage is invalid and must be annulled according to the majority of scholars. This requires a divorce from the husband or an annulment from the judge. Before that, she is considered married and is not permitted to marry another. If the divorce or annulment occurs, she is obligated to observe the waiting period (iddah). The expiation for what she has done is sincere repentance and striving to rectify what can be rectified.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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