Mutah In Iddah Out Of Ignorance › Category: Questions › Mutah In Iddah Out Of Ignorance
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Sayed Muhammed Abbas asked 3 years ago

Salaams,

I did Mutah with a girl without being sure about the applicability of the waiting period on her as she had been away from her husband for 4 months wherein she was getting her periods.
Moreover, I was not aware that marrying someone in their waiting period makes us both haraam for each other.

Is she halal for me?

1 Answers
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mehdi answered 3 years ago

أعوذ بالله من الشيطان الرجيم

بِسْمِ ٱللَّٰهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ

As Salaamu Alaikum Wa Rahmatullahi Wa Barakatuh,

We hope this answer reaches you in good health and Islamic spirit.

Based on your specific question and information provided.

Kindly, contact a qualified Islamic Jurist in person or by phone as this is a very delicate issue and requires a detailed examination of all the Facts.

However, we can provide you with some basic information and a general opinion for informational purpose.

A Mukallaf is someone who is legally obliged to fulfill religious duties.

As a Mukallaf, Kindly review the topic of “The prescribed waiting period ( ‘iddah) of a divorce” ( especially when does the waiting period (‘iddah) legally starts and its legal duration  ) in the Islamic Law Manual.

From the Fiqh / jurisprudence / law perspective the General Opinion / Guideline is ,

If a man marries a woman who is observing the ʿiddah of her marriage to another man, in the event that both or one of them knew that her ʿiddah was not yet over and they knew that marrying a woman who is observing ʿiddah is unlawful, the woman becomes unlawful for him forever even if they did not have sexual intercourse after getting married.
And if they were ignorant about what ʿiddah is or about it being unlawful to marry a woman who is observing ʿiddah, then the marriage contract is invalid. Furthermore, if they have had sexual intercourse, it is forever unlawful [for them to get married to each other]; otherwise, it is not unlawful and they can get married again once the ʿiddah is over.

اَللّٰهُ أَعْلَم‎
(and Allah(awj) Knows best)

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