What is the ruling concerning 'iddah if separation occurs after cohabitation (khulwah) but before consummation in a fasid marriage?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The established position from Ahmad is that the wife must observe an 'iddah because the cohabitation in a fasid marriage is treated similarly to a valid marriage concerning the establishment of lineage (nasab), and therefore should also be treated similarly regarding the 'iddah.
Supporting text
Shafi'i holds that no 'iddah is required for two reasons: first, cohabitation in a non-valid marriage resembles the case where the marriage itself is void. Second, since cohabitation in a valid marriage does not impose an 'iddah according to Shafi'i, it certainly would not in a fasid marriage. This latter opinion aligns with the view of Ibn Hamid.