If a woman marries a second man during the unexpired Iddah of the first husband, and the second marriage is consummated, what is the procedure and the subsequent Iddah requirements?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
It is unanimously forbidden for a woman observing an Iddah, regardless of its type, to contract a new marriage during that period, based on Quran 2:235 (Surat Al-Baqarah) and the necessity of ascertaining the womb's purity to prevent the mixing of lineages. If she marries, the second contract is void because she is prohibited due to the right of the first husband. The parties must be separated. If the second husband did not consummate the marriage, the first Iddah remains, and the second contract, being void, does not terminate it nor oblige the second husband to provide maintenance or lodging, as she becomes disobedient (Nashiz) to the first. If she is subsequently entered upon (coitus occurs), the Iddah is terminated, even if the act was done knowingly or ignorantly.
Supporting text
Abu Hanifa argues that coitus does not terminate the Iddah because being a spouse to someone other than the one to whom the Iddah is due does not prevent it, analogous to coitus under a mistaken belief while already married. Al-Qadi differentiates: if the second husband knew she was in Iddah and that the marriage was forbidden, he is a fornicator, and the Iddah is not terminated as no conjugal relationship is established. If he was ignorant of her Iddah or the prohibition, the Iddah is terminated because she becomes his spouse (Farash), and the Iddah is primarily for establishing purity, which is negated by the new spousal status. The established view holds that this is coitus under a dubious marriage, thus terminating the Iddah, similar to ignorance.