What is the Sharia ruling regarding my current marriage, which was contracted before the completion of my waiting period (iddah) from my second ex-husband? Am I required to offer expiation (kaffarah) for this? And does the ruling of a person in dire necessity (al-mudtarra) apply to my acceptance of this marriage?
Marriage without a guardian (wali) is invalid according to the majority of jurists. A corrupt marriage, if conducted by a judge or an official authorized person in the presence of two witnesses, is not annulled except by divorce or annulment by a judge. Marriage during the waiting period () is unanimously void to preserve lineage, and separation between the spouses is mandatory if the contract was concluded with a woman in her iddah. The woman must separate from her current husband and complete the iddah from her previous marriage before contracting a new marriage. The invalidity of marriage during the iddah implies that sexual intercourse becomes illicit fornication if both spouses were aware of its invalidity.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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