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What should we do to stay together ,Should we do Nikah again?

Q:

I took divorce from my ex husband due to bad behavior who wasn’t living with me for 6 months he was in another country and I wasn’t pregnant. I got married to my cousin two months after divorce as my father in law asked a scholar and he said you can marry him after twomonths but now I know idah period is 3 months. What should I do? . I cant think of leaving my husband .We were not aware of that scholar is guiding us wrong. What should we do to stay together ,Should we do Nikah again?

A:

Wa Alaykumussalam

Thank you for your question

According to the Mujtahideen if the woman is in Iddah and in the state of Iddah marries and has intercourse with the other man, then they both become Haram for each other forever and cannot marry again.

Ruling 2419. If a man marries a woman who is observing the ʿiddah of her marriage to another man, in the event that both or one of them knew that her ʿiddah was not yet over and they knew that marrying a woman who is observing ʿiddah is unlawful, the woman becomes unlawful for him forever even if they did not have sexual intercourse after getting married. And if they were ignorant about what ʿiddah is or about it being unlawful to marry a woman who is observing ʿiddah, then the marriage contract is invalid. Furthermore, if they have had sexual intercourse, it is forever unlawful [for them to get married to each other]; otherwise, it is not unlawful and they can get married again once the ʿiddah is over.

 

May Allah(swt) grant you success

Wassalam,

Syed Haider