What is the ruling concerning a marriage contract deemed void by agreement?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
A marriage contract that is agreed upon as void, such as marrying a close relative (mahram) or a woman observing an 'iddah (waiting period) while the husband is aware of her status and the prohibition, results in the contract having no legal effect. Cohabitation (khulwah) in such a case is treated like cohabitation with a non-related woman, and it does not necessitate an 'iddah. Similarly, the husband's death does not impose the 'iddah of widowhood.
Supporting text
If consummation (watu') occurs in a void marriage, the woman must observe an 'iddah of three menstrual cycles beginning from the time of the act, whether the husband subsequently divorces her or dies, just as if she had committed fornication (zina) without a contract.