What is the legal ruling on marrying when pregnancy doubt arises after the *iddah* is completed but before remarriage?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 3 · Bab 1

Open in Qurani

Primary text

There are two opinions regarding a woman who completes her waiting period but then develops doubt about pregnancy before remarrying. The first view holds that it is impermissible for her to marry, and if she does marry, the contract is void. This is because she is marrying while having doubt regarding the completion of her *iddah*, which invalidates the contract, similar to the case where doubt occurs during the *iddah*. Allowing such a marriage to stand would render it conditional (*mawquf*), which is impermissible. This is analogous to the rule that if a man converts to Islam and his wife remains in disbelief, he cannot marry her sister, as that new marriage would be conditional upon the first wife's conversion.

Supporting text

The second view permits her to marry, and the marriage is valid. This is based on the premise that the *iddah* was ruled complete, making remarriage, the cessation of maintenance (*nafaqa*), and cessation of lodging lawful. A subsequent doubt should not invalidate a ruling previously established. This is similar to how a judge's ruling is not overturned based on a later change in his scholarly opinion or the recantation of witnesses.