Short answer
No. A nikah with a woman in her iddah (waiting period) from another man is not valid, and the couple must separate. A clear proposal is also haram during iddah. A widow may only be given an indirect hint of interest, while in the Hanafi school a divorced woman in iddah may not be approached at all. Her own former husband may remarry her within it if the divorce was not triple.
Marrying a woman during another man's iddah is fasid: they must part, and if it was consummated she is owed mahr and observes a fresh iddah. An explicit proposal during any iddah is haram; an indirect hint is allowed only to a widow, not to a divorced woman. The husband whose iddah it is may remarry her within it after a final divorce that was not three talaqs.
Other madhhabs
- Maliki
- If a man marries a woman during her iddah and consummates the marriage, she becomes permanently unlawful to him, following a ruling of Umar.
Explanation
Allah says: "There is no blame upon you for that to which you indirectly allude concerning a proposal to women... And do not determine to undertake a marriage contract until the decreed period reaches its end" (2:235). The ayah comes straight after the iddah of widows, so it allows a gentle hint to a widow and forbids the contract itself until the iddah is over.
Why the wait: to be sure the womb is clear so a child's lineage is known, to honour the marriage that has ended, and to give a widow time to mourn. A woman in a revocable iddah is still in some ways her husband's wife, so others may not even hint, and the Hanafis apply this to every divorced woman in iddah to avoid ill feeling.
Common situations:
- A nikah was done during iddah. It is not valid. Separate at once, wait until the iddah ends, then do a new nikah if both still wish. Ask a mufti about mahr and the new iddah.
- Divorce dates. The iddah starts from the talaq or khula, not from a civil court's decree. See civil divorce.
- Engagement parties and announcements during iddah are not allowed.
- Remarrying the same husband. After one or two talaqs he may take her back or remarry her within the iddah. After three, see halala.
Work out the end date with the iddah calculator, and see what iddah is and a widow remarrying.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah Al-Baqara 2:235
وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِۦ مِنْ خِطْبَةِ ٱلنِّسَآءِ أَوْ أَكْنَنتُمْ فِىٓ أَنفُسِكُمْ ۚ عَلِمَ ٱللَّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ وَلَٰكِن لَّا تُوَاعِدُوهُنَّ سِرًّا إِلَّآ أَن تَقُولُوا۟ قَوْلًۭا مَّعْرُوفًۭا ۚ وَلَا تَعْزِمُوا۟ عُقْدَةَ ٱلنِّكَاحِ حَتَّىٰ يَبْلُغَ ٱلْكِتَٰبُ أَجَلَهُۥ ۚ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ يَعْلَمُ مَا فِىٓ أَنفُسِكُمْ فَٱحْذَرُوهُ ۚ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ غَفُورٌ حَلِيمٌۭ ﴿٢٣٥﴾
There is no blame upon you for that to which you [indirectly] allude concerning a proposal to women or for what you conceal within yourselves. Allah knows that you will have them in mind. But do not promise them secretly except for saying a proper saying. And do not determine to undertake a marriage contract until the decreed period reaches its end. And know that Allah knows what is within yourselves, so beware of Him. And know that Allah is Forgiving and Forbearing.
No nikah until the iddah ends; only an indirect hint is allowed.
Quran, Surah Al-Baqara 2:228
وَٱلْمُطَلَّقَٰتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَٰثَةَ قُرُوٓءٍۢ ۚ وَلَا يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ ٱللَّهُ فِىٓ أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِٱللَّهِ وَٱلْيَوْمِ ٱلْءَاخِرِ ۚ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِى ذَٰلِكَ إِنْ أَرَادُوٓا۟ إِصْلَٰحًۭا ۚ وَلَهُنَّ مِثْلُ ٱلَّذِى عَلَيْهِنَّ بِٱلْمَعْرُوفِ ۚ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌۭ ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌ ﴿٢٢٨﴾
Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.
Divorced women have an iddah too.
Where the ruling is recorded
- al-Hidaya, Kitab al-Talaq, Bab al-'Iddah, on proposing to a woman in iddah. A hint is allowed to a widow and not to a divorced woman.
- Radd al-Muhtar (Ibn Abidin), Kitab al-Nikah, on marrying a woman in iddah. Such a nikah is fasid, with mahr and iddah after consummation.
- Mukhtasar Khalil with al-Sharh al-Kabir, Kitab al-Nikah, on marrying in iddah. The Maliki rule of permanent prohibition after consummation.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.