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Fatwa CenterHe married his wife during her waiting period from her previous marriage
Question
i got my answer in fatwa #132405 my next question is first of all she had a court marriege(previous marriege) without concent of her father or guardian.
2nd if she had intercourse with her ex husband then what should i do my nikkah is halal or she has to complete iddah if yes where she can complete her iddah at my house or at her parents house cause rukhsati was not established in her previous court marriege and should i have to perform nikkah with her again after iddah (if )or what to do so
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If there was any sexual intercourse between this woman and her previous husband, then she must observe a waiting period. Therefore, if your marriage to her took place during her waiting period, then it is a void marriage. In this case, you are obliged to separate from her and she should complete the rest of her waiting period from her first husband.
Moreover, when she completes her waiting period from her first husband, she should again observe another waiting period from you. Ash-Shaafi’i 
reported in his book “Al-Umm” that ‘Ali 
said about a woman who marries during her waiting period: “She has to complete the rest of her waiting period from her first husband, and then she should observe again another waiting period from her second husband.” Then, Ash-Shaafi’i said: “This is our view as well and this corresponds to what we reported from ‘Umar .”
However, some scholars 
are of the view that the two waiting periods over lap (take place at the same time), but what we mentioned is the most preponderant opinion and it is better to act according to it in order to be on the safe side.
In principle, a wife should observe her writing period in the home where she was divorced (what is meant here is her divorce from her first husband who had sexual intercourses with her) and if he has no house, then she should observe her writing period in the house of her parents. As far as you are concerned, you have no relation with her.
If you want to marry her, a new marriage contract must be conducted while fulfilling the conditions of a valid marriage contract, like the consent of the guardian, the presence of two witnesses and so forth. For more benefit on the conditions of a valid marriage contract, please refer to Fatwa 83629.
Allaah Knows best.
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