What is the ruling on contracting marriage with a woman observing 'Iddah (waiting period)?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
Marriage contracted with a woman observing 'Iddah is void (*batil*). If both the husband and the wife are aware of the 'Iddah and the prohibition of marriage during it, both are considered adulterers (*zaniyan*) and are subject to the penalty (*hadd*) for fornication. In this case, the woman has no right to dower (*mahr*), and any resulting offspring has no legal lineage (*nasab*). This ruling is established because such a marriage is universally agreed upon as invalid, resembling marriage to a close female relative (*dhat maharim*).
Supporting text
If either party was ignorant of the 'Iddah or the prohibition against marriage during it, the lineage of any child born is established, the *hadd* penalty is waived, and the dower becomes obligatory.