A second marriage before the end of 'iddah is null and void
5-12-2015 | IslamWeb
Question:
Was my marriage valid? I was married to my first husband, who was a Christian, and I divorced him in October 2004, then I married a Jordanian Muslim in December 23, 2004 in the Islamic way. The Jordanian only lived with me for one year and then left with promises that he will come for me when he finds a job and gets settled, but during that time he only asked for money, and I waited more than 3 years. I was the one working, and he was probably working too, but he did not help me with money, instead, he asked me for money all the time. I divorced my Muslim husband in 2012, I wonder if our marriage was truly valid after all. I became Muslim after the divorce to learn that there should be a 90 day waiting period to be able to get married again. As you can see, I divorced in October 2004 and remarried in December 2004. I now remember that there was some commotion between him and the Islamic court, I am not sure if he paid for us to get married.
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.
Firstly, we would like to congratulate you for the blessing bestowed upon you as you converted to Islam; verily, this is a great grace that entails showing due gratitude to Allaah, The Exalted. A manifestation of showing gratitude to Allaah is striving in seeking after all that which helps you hold on to the straight path until death by means of seeking righteous knowledge, carrying out good deeds, and keeping the company of righteous and pious Muslims.
As you already knew, it is impermissible for a divorced woman to marry another man before her ʻiddah (waiting period) expires, and if she does so, then such a marriage is null and void, as highlighted in fatwa 90732. We also underlined some the consequences of such a void marriage in fatwa 92637.
You should know that the ʻiddah period differs from one woman to another; as for a woman who does not menstruate, either because she is before puberty or past menopause, then her ʻiddah is three months. The woman who menstruates, her ʻiddah is three menstrual cycles, and the pregnant woman should observe her ʻiddah until she delivers her baby. Allaah, The Exalted, says (what means): {Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allaah has created in their wombs if they believe in Allaah and the Last Day...} [Quran 2:228] He also says (what means): {And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allaah - He will make for him of his matter ease.} [Quran 65:4]
Based on the above, if your second marriage was conducted during your ʻiddah, then it is null and void. The fatwa to which we have referred you underlines the consequent legal effects pertaining to such a marriage.
We would like to point out that it is incumbent on the husband to provide for his wife and not the other way round. Allaah, The Exalted, says (what means): {Let a man of wealth spend from his wealth, and he whose provision is restricted - let him spend from what Allaah has given him. Allaah does not charge a soul except [according to] what He has given it. Allaah will bring about, after hardship, ease.} [Quran 65:7]
It is hideous and unbecoming of a Muslim husband to exploit his wife to take her money and to have her provide for him instead of providing for her.
Allaah knows best.