Question

A marriage with a woman before completion of her iddat is \(\underline{\hspace{2cm}}\)

• A. Irregular
• B. Void
• C. Voidable
• D. None of these

Hint:

In Muslim Law, remember the key difference between void (batil) and irregular (fasid) marriages. Void marriages are unlawful in themselves (e.g., marrying a sibling), while irregular marriages are unlawful for something else (e.g., marrying a fifth wife, marrying without witnesses, marrying during iddat).

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks about the legal status of a marriage (nikah) under Muslim law with a woman who is still observing 'iddat'. Iddat is a mandatory waiting period that a Muslim woman must observe after the dissolution of her marriage (due to divorce or death of her husband) before she can remarry. The purpose is to ascertain pregnancy and to mourn the deceased husband.

Step 3: Detailed Explanation:
Under Hanafi (Sunni) Muslim law, marriages are classified into valid (sahih), void (batil), and irregular (fasid).
- A marriage that violates a permanent or absolute prohibition (e.g., prohibition by blood relationship, fosterage, or affinity) is void (batil).
- A marriage that violates a temporary or relative prohibition is irregular (fasid).
The prohibition against marrying a woman during her iddat is considered a temporary prohibition because the bar is lifted once the iddat period is over. Therefore, such a marriage is not void from the beginning but is considered irregular. An irregular marriage has no legal consequences before consummation, but if consummated, the children are considered legitimate, and the wife is entitled to dower. The marriage can be regularized by remarrying after the iddat period is complete.

Step 4: Final Answer:
A marriage with a woman before the completion of her iddat is irregular (fasid) under Muslim law.