Is the marriage contract for a divorced woman after her third menstruation valid, or is it obligatory to complete the three months?
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Fatwa number ( 6117 )
Q: I have a daughter whom I married to a man, but Allah did not bring them together, and she ran away from him and stayed with me in the house for two years. Throughout this entire period she stayed with me, her husband did not enter upon her. Then he was kind enough to grant her a legal divorce. Then the daughter experienced menstruation three times after the divorce, but before the completion of three months after the divorce. Then I contracted her marriage before the completion of the three months after the divorce. The daughter menstruated three times, as I mentioned to you, after the divorce. Her husband is a man from my community, sound in mind, religion, and character. She completed three months, and then she experienced menstruation, as I mentioned to you previously, three times after the divorce. Her husband did not enter upon her. Then I heard from some people that this is not permissible. I ask your eminence to inform me about that contract: is it permissible, or do we repeat the marriage, given that the daughter experienced menstruation three times after the marriage, but before the completion of three
months in which I contracted her marriage? Please inform us, may Allah reward you for Islam and the Muslims with the best reward.
A: If the reality is as mentioned, that the contract took place after the aforementioned woman had menstruated three times after the divorce, then the contract is valid, even if the three menstruations occurred in less than three months. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a daughter whom I married to a man, but Allah did not bring them together, and she ran away from him and stayed with me in the house for two years. Throughout this entire period she stayed with me, her husband did not enter upon her. Then he was kind enough to grant her a legal divorce. Then the daughter experienced menstruation three times after the divorce, but before the completion of three months after the divorce. Then I contracted her marriage before the completion of the three months after the divorce. The daughter menstruated three times, as I mentioned to you, after the divorce. Her husband is a man from my community, sound in mind, religion, and character. She completed three months, and then she experienced menstruation, as I mentioned to you previously, three times after the divorce. Her husband did not enter upon her. Then I heard from some people that this is not permissible. I ask your eminence to inform me about that contract: is it permissible, or do we repeat the marriage, given that the daughter experienced menstruation three times after the marriage, but before the completion of three
months in which I contracted her marriage? Please inform us, may Allah reward you for Islam and the Muslims with the best reward.
A: If the reality is as mentioned, that the contract took place after the aforementioned woman had menstruated three times after the divorce, then the contract is valid, even if the three menstruations occurred in less than three months. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.