What is the ruling regarding 'iddah of widowhood upon the death of a husband in a marriage deemed invalid (fasid) where there is scholarly disagreement?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If a man marries a woman under a contract where scholarly opinion differs (a fasid marriage), and the husband then dies, there is a narration from Ja'far ibn Muhammad, favored by Abu Bakr, stating that the wife owes the 'iddah of widowhood. This is supported by the reasoning that such a marriage contract can result in the legitimization of lineage (nasab), unlike a void contract, thus requiring the widow's 'iddah, similar to a valid marriage.
Supporting text
Abu Abdullah ibn Hamid holds that the 'iddah of widowhood is not required, a view also held by Shafi'i. This is because the marriage does not establish the permissibility (hill) of the relationship, thus resembling a void contract. If consummation occurred, the wife must observe an 'iddah of three cycles. If the separation occurs while the husband is alive after consummation, she observes an 'iddah of three cycles following the separation, with no dispute on this point. If separation occurs before cohabitation (khulwah), there is no 'iddah required, as separation in a valid marriage before khulwah likewise requires no 'iddah.