Is a woman's marriage valid if her first husband divorced her three times, and then she married another man on her own, without a guardian, and there was a mistake in calculating the waiting period (iddah) by ten days, and her second husband did not consummate the marriage with her until after two weeks?
A woman's 'iddah (waiting period) is three menstrual cycles if she menstruates, three months if she is young or has reached menopause, and upon giving birth if she is pregnant. Jurists have agreed that the 'iddah for a menstruating woman is three quru’ (plural of qar’), but they differed on whether qar’ refers to menstruation or purity.
If the marriage contract is concluded after the 'iddah has expired, it is valid. However, if it is concluded before its expiry, the marriage is void, and separation between the spouses is mandatory. If a woman marries during her 'iddah, there are two scenarios: 1. Contract only, without consummation: They are separated, and she completes the 'iddah of the first husband. Then, the second husband may marry her later. 2. Contract with consummation: They are separated, and she completes the 'iddah of the first husband, then she observes an 'iddah from the second husband. Jurists have differed on whether she is permanently forbidden to him or not.
In summary: If the marriage contract is concluded before the 'iddah of the first husband ends, the marriage is void, and separation between the spouses is mandatory. She must complete the 'iddah of the first husband, and then the second husband may contract with her anew, with a guardian and two witnesses.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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