Question: If a woman’s husband goes missing, how long should she wait for him? Can she marry someone else? Furthermore, if her first husband returns after her marriage to the second person, with whom will she stay?
Answer..!
Praise be to Allah..!
There are at least two scenarios for a missing husband:
(First Scenario)
The husband is missing in the sense that he has left the wife; he is essentially alive, and contact with him is possible, but for some reason, he has become estranged from his wife and gone elsewhere. In such a case, the wife should contact the husband and try to resolve the distance between them. If the husband wishes to live separately and has deprived the wife of her maintenance (nan o nafqa), and does not provide it even upon her request, the wife can have the marriage dissolved (fasq) by the ruling authority. After that, she has the choice to marry another man.
(Second Scenario)
The husband is genuinely lost, there is no news of him, no contact is possible, and it is not known whether he is alive or dead.
Such a woman should register the news of her husband’s disappearance with a Sharia court. The court, considering the circumstances and facts, will issue a ruling of his presumed death. The woman can then observe the waiting period (iddah) and marry elsewhere. Up to this point, there is no disagreement among scholars on the issue.
However, how long should the wife wait after reporting to the court? There is a difference of opinion among scholars on this matter. Here, we present a few fatwas based on the preferred opinion.
Question: For how long must a woman whose husband has gone missing wait for him before she can remarry? Please issue a fatwa in the light of the Quran and Sunnah. (Questioner: Abdul Jabbar, Chak No. 493 G.B., Tehsil Samundri, District Faisalabad)
………………..
Answer:
Al-Jawab bi’aun al-Wahhab bi-shart sihhah al-su’al
(The answer is with the help of the Bestower [Allah], provided the question is sound)
Wa ‘alaykum al-salam wa rahmatullah wa barakatuh! Al-hamdulillah, wa al-salat wa al-salam ‘ala Rasul Allah, amma ba’d!
Assuming the question is sound, it should be clear in the given situation that if, after the husband’s disappearance, it cannot be ascertained whether he is alive or dead, and neither his paternal relatives nor his in-laws, friends, or acquaintances have any knowledge about his life or death, then his wife, according to the famous saying of Hazrat Umar Farooq (may Allah be pleased with him), should wait for four years and four months and ten days. The four years are for waiting for him. After this period passes, he will be declared deceased. Then, a widow’s waiting period (iddah) of four months and ten days will be observed. After that, the woman is legally free and independent to decide her future. As mentioned in Sabil al-Salam:
“Hazrat Umar (may Allah be pleased with him) said that a woman whose husband goes missing should wait for four years. When four years are complete (it is as if he has passed away and his wife is declared a widow), she should then complete the waiting period of death, which is four months and ten days. After that, she can marry wherever she wishes with the consultation of her legal guardian (wali).”
(Sabil al-Salam, Vol. 2)
“It is narrated from Mr. Sa’id ibn al-Musayyib that Umar Farooq (may Allah be pleased with him) said that as soon as a woman’s husband goes missing and it is not known whether he is alive or dead, the woman should wait for him for four years from the day news of him ceased. After completing four years, she should observe her widow’s waiting period of four months and ten days, and if she wishes, she can then marry.” (Muwatta Imam Malik)
In Sahih al-Bukhari, the personal fatwa of the Tabi’i, Mr. Sa’id ibn al-Musayyib, is that such a woman is permitted to decide her future one year after the disappearance. Hazrat Abdullah ibn Mas’ud (may Allah be pleased with him) also holds this view for the same duration.
“The Tabi’i, Ibn al-Musayyib, said that when a soldier goes missing on the battlefield, his wife should wait for him for one year.”
(Sahih al-Bukhari, The Book of Divorce, Chapter No. 23)
“Hazrat Abdullah ibn Mas’ud (may Allah be pleased with him) bought a female slave on credit, and then the owner of the slave went missing. Hazrat Abdullah ibn Mas’ud (may Allah be pleased with him) waited for him for one year.”
(Sahih al-Bukhari, The Book of Divorce, Chapter No. 22)
Imam Bukhari’s (may Allah have mercy on him) inclination also seems to be towards this view. And according to the current circumstances, this position appears more plausible. Since communication and media have become so vast and established, in this advanced era, a one-year wait seems sufficient. The fatwa of Hazrat Umar Farooq (may Allah be pleased with him) belongs to an era where modern means of public information and communication like newspapers, radio, television, etc., were not available. Therefore, in the current era, a one-year wait seems adequate. Otherwise, the old fatwa remains in practice among the majority of Islamic scholars and jurists.
Haza ma ‘indi wallahu a’lam bis-sawab
(This is what I have, and Allah knows best what is correct)
Fatawa Ashab al-Hadith
Vol. 1, p. 398
Muhaddith Fatwa
Question:
As-salamu ‘alaykum wa rahmatullah wa barakatuh
What do the scholars of religion say about this issue: Hind was married to Zayd seven years ago. Zayd has been missing for about six years and has not sent any expenses, nor is his whereabouts known. Can Hind now marry someone else after seven years? If she does, how long of a waiting period must she observe before the marriage? (From a female questioner)
Answer:
Al-Jawab bi’aun al-Wahhab bi-shart sihhah al-su’al
Wa ‘alaykum al-salam wa rahmatullah wa barakatuh! Al-hamdulillah, wa al-salat wa al-salam ‘ala Rasul Allah, amma ba’d!
Assuming the question is sound, if the husband has indeed been missing for seven years and his heirs and relatives have no knowledge of his life or death, then the woman, after losing all hope, is legally permitted and has the choice to enter into a second marriage. This is the opinion and fatwa of Hazrat Umar, Hazrat Uthman, Hazrat Abdullah ibn Umar, Hazrat Ibn Abbas, Hazrat Abdullah ibn Mas’ud (may Allah be pleased with them all), and a group of the Tabi’in. In Muwatta Imam Malik, it is stated:
عن سعید بن المسیب ان عمر ابن الخطاب رضی اللہ عنه قال أیما إمراة فقدت زوجھا فلم تدر این ھو فإنھا تنتظر اربع سنین ثم اربعة اشھر وعشرا ثم تحل.
(موطا باب عدة التی تفتقد زوجھا)
Translation: Sa’id ibn al-Musayyib narrates from Umar ibn al-Khattab (may Allah be pleased with him) that he said: “Any woman who loses her husband and does not know where he is, she should wait for four years, then for four months and ten days, after which she becomes lawful [for marriage].”
(Muwatta, Chapter on the waiting period of a woman who loses her husband)
(Sabil al-Salam, Vol. 3, pp. 207-208)
(Nayl al-Awtar)
Although this hadith is apparently mawquf (a narration from a Companion), it is considered marfu’ (a narration from the Prophet) in ruling because, in matters of fixed periods and estimations where there is no room for analogy (qiyas) or independent reasoning (ijtihad), such a mawquf hadith holds the same authority as a marfu’ hadith.
In Fath al-Bari (Vol. 9, p. 355), it is mentioned that the madhhab of Imam al-Zuhri is that she should wait for four years. Imam ‘Abd al-Razzaq and Imam Sa’id ibn al-Musayyib say that Hazrat Umar and Hazrat Uthman gave this same ruling. In a narration in the Sunan of Sa’id ibn Mansur, a similar view is attributed to Hazrat Abdullah ibn Mas’ud. A group of the Tabi’in also held this view, for example, Imam Ibrahim al-Nakha’i, Imam ‘Ata’, Imam al-Zuhri, Imam Makhul, and Imam ‘Amir al-Sha’bi, among others. This period of four years will be counted from the day she presented her case and the judge ruled that she should observe the waiting period of death after four years.
And in Sabil al-Salam (Vol. 3, p. 208), it says that Abu al-Zinad said: “I asked Imam Sa’id ibn al-Musayyib about a husband who cannot provide maintenance for his wife. He replied, ‘They should be separated.’ I asked, ‘Is this the Sunnah?’ He said, ‘Yes, it is the Sunnah.'” Imam al-Shafi’i says that when Sa’id ibn al-Musayyib says, “This is the Sunnah,” he means the Sunnah of the Messenger of Allah. From this, it is established that separating a couple when the husband cannot bear his wife’s expenses is the Sunnah. When separation is the Sunnah merely for the inability to provide expenses, then the wife of a missing person is even more deserving of separation, as her hardship is far greater than that of the wife of a poor husband. In any case, according to these decisions of the Companions (may Allah be pleased with them all), the fatwas of the Tabi’in, and the opinions of the Imams, the woman undoubtedly has the right to decide her future, and it is not permissible to snatch this right from her or put her into further trial based on any law, as she has already spent seven years suffering.
Haza ma ‘indi wallahu a’lam bis-sawab
(Fatawa Muhammadiyyah, Vol. 1, p. 757 – Muhaddith Fatwa)
Question:
As-salamu ‘alaykum wa rahmatullah wa barakatuh
A woman who was married eighteen years ago and has three children, her husband left his wife and children and went into hiding about five months ago. His family has no clue about him, nor has he sent any information. He has not sent any money for the children’s expenses either. In such circumstances, for how long should the woman wait for her husband, and after what period is she permitted to remarry? Please answer the question according to the Quran and Hadith.
Answer:
Al-Jawab bi’aun al-Wahhab bi-shart sihhah al-su’al
Wa ‘alaykum al-salam wa rahmatullah wa barakatuh! Al-hamdulillah, wa al-salat wa al-salam ‘ala Rasul Allah, amma ba’d!
In jurisprudential terminology, a missing person is called mafqood al-khabar, meaning a person about whom, despite searching, no trace can be found regarding their life or death—whether they are alive or have passed away from this world. In the present era, it often happens that domestic or foreign agencies secretly pick someone up, and for years, there is no news of them. We read such news frequently in the newspapers every day. Since there is no authentic hadith narrated from the Messenger of Allah (peace and blessings be upon him) on this matter to provide a definitive ruling, there has been considerable disagreement among the early scholars.
However, a fabricated and concocted hadith is narrated: Hazrat Mughira ibn Shu’ba (may Allah be pleased with him) narrates that the Messenger of Allah (peace and blessings be upon him) said: “The wife of a missing husband will remain his wife until clear information is received about the missing person.”
(Daraqutni, p. 312, Vol. 3)
The chain of this hadith contains a narrator named Muhammad ibn Sharahbil Samdani, whom hadith scholars have declared as matruk (abandoned), and he is known for narrating baseless and rejected reports from Hazrat Mughira ibn Shu’ba (may Allah be pleased with him). Furthermore, the one narrating from him, Sawwar ibn Mus’ab, is of the same kind. In any case, this narration is not a valid proof and is rejected.
(Al-Ta’liq al-Mughni, p. 312, Vol. 3)
Regarding this issue, some scholars have adopted the position that the wife of such a person should wait for a long time until the missing husband’s age reaches one hundred and twenty years. For example, if an eighteen-year-old girl is married to a twenty-year-old boy, and the boy goes missing a few days later with no trace, according to these scholars, the girl must wait for her missing husband for one hundred years until his age reaches one hundred and twenty years. After that, it will be decided that he has died, and then she will observe the waiting period of death (iddah al-wafat), four months and ten days, and then be permitted to marry someone else.
(Hidayah, Book of the Missing Person)
However, the harms hidden in adopting the aforementioned position are not hidden from any person of intellect. For a girl whose husband went missing when she was eighteen, she would have to spend ninety-eight years waiting for him until his death is certain. At that age, what marriage would she undertake? The severity of this position was felt even by those who adopted it, and they decided it was unreasonable.
Thus, Maulana Ashraf Ali Thanvi wrote a book for such an oppressed woman titled “Al-Heelah al-Najizah.” In it, he states: “Some of the later Hanafi jurists, considering the sensitivity of the time and the tribulations, have issued fatwas on this matter according to the school of thought of Imam Malik (may Allah have mercy on him). For a long time now, almost all fatwa issuers in India and abroad have chosen to issue fatwas based on this opinion, and this issue has, in a way, become part of Hanafi jurisprudence.”
(Al-Heelah al-Najizah, p. 50)
Imam Malik (may Allah have mercy on him) ruled regarding the wife of a missing husband that she should wait for four years from the time her husband went missing. Then, a ruling of his death will be applied. After that, she will observe the waiting period of death for four months and ten days, and then she will be permitted to remarry.
(Muwatta Imam Malik, Book of Divorce)
Imam Malik (may Allah have mercy on him) further wrote that if the missing husband returns before the second marriage, she will belong to him. But if he returns after she has remarried, he will have to be deprived of his wife. Although some people say that in such circumstances, he will be given the choice between the dower (mahr) and the wife, the first position is more plausible. That is, if his wife remarries, he will be deprived of her. In fact, the position that Imam Malik (may Allah have mercy on him) adopted regarding the missing husband is based on a ruling by Hazrat Umar (may Allah be pleased with him). A similar case came before him, and he ruled: “The wife of a missing man shall wait for four years, then observe the waiting period for a deceased husband, i.e., four months and ten days. After that, if she wishes, she may marry.”
(Bayhaqi, p. 445, Vol. 7)
Some narrations indicate that after Hazrat Umar (may Allah be pleased with him), Hazrat Uthman (may Allah be pleased with him) also adopted this position and ruled accordingly.
(Musannaf ‘Abd al-Razzaq, p. 85, Vol. 7)
Hazrat Ibn Abbas (may Allah be pleased with him) also adopted this position.
(Bayhaqi, p. 445, Vol. 7)
Hazrat Sa’id ibn al-Musayyib (may Allah have mercy on him) says that if the husband goes missing during a war, his wife should wait for one year, and if he goes missing in a place other than war, she should wait for four years.
(Musannaf ‘Abd al-Razzaq, p. 89, Vol. 7)
In any case, the Holy Quran has stated regarding women: “And live with them in a good manner.” (Surah An-Nisa: 19). And He also said: “Do not keep them to harm them.” (Surah Al-Baqarah: 231).
In these two verses, the rights of women are stated in a very fine and comprehensive manner. It is possible that the basis of Hazrat Umar’s (may Allah be pleased with him) decision was these two verses, because forcing the wife of a missing husband to wait for a long period without reason is contrary to good marital relations and is tantamount to causing her harm. In our view, the position of Imam Malik (may Allah have mercy on him) is correct because it is supported by a ruling from Hazrat Umar (may Allah be pleased with him) and other Companions. Social conditions also demand this. However, the determination of the waiting period can be decided based on circumstances. In the modern era, means of communication are so vast and rapid that their imagination in ancient times was impossible. Today, we can disseminate the news of a person’s disappearance to every corner of the country in a single day through radio and newspapers. In fact, through the internet, a picture of the missing person can be sent to every part of the world in a few minutes. Based on this, the four-year waiting period can be further reduced.
Imam Bukhari’s (may Allah have mercy on him) inclination seems to be towards a one-year waiting period. Thus, he established a chapter heading in his Sahih for such a person with the words: “The wife of a missing person and the ruling on his property.” (Sahih al-Bukhari, The Book of Divorce, Chapter No. 22).
However, he did not give a clear and definitive ruling on the matter. But his inclination can be inferred from the hadiths and narrations he presented. Imam Bukhari (may Allah have mercy on him) quoted the fatwa of Sa’id ibn al-Musayyib that when a soldier goes missing on the battlefield, his wife should wait for one year. Regarding Hazrat Abdullah ibn Mas’ud (may Allah be pleased with him), he mentioned that he bought a female slave on credit, and then the owner went missing, so Hazrat Abdullah ibn Mas’ud (may Allah be pleased with him) waited for one year. To express his inclination, Imam Bukhari (may Allah have mercy on him) mentioned the hadith of luqtah (lost and found item) that if someone finds a lost item, he should announce it for a year.
(Sahih al-Bukhari, The Book of Divorce, Hadith No. 5292)
From these narrations, it appears that according to Imam Bukhari (may Allah have mercy on him), the waiting period for the wife of a missing person can be set at one year. According to the current conditions and circumstances, this position is also plausible. Therefore, considering the means of communication and media, a one-year wait seems sufficient in the present era. Otherwise, the old fatwa is still prevalent among the majority of Islamic scholars and jurists. But the marriage contract is not a weak thread that can be easily broken, and it is a right that is binding for the husband. Therefore, the authority to dissolve this marriage contract belongs to the woman’s husband. However, to prevent harm, the court, acting as a substitute for the husband, is authorized to dissolve it, as happens in cases of khul’ (divorce at the wife’s instance), etc. Therefore, to get relief from a missing husband, this procedure should be adopted: the woman should approach the court. The time that has passed before approaching the court will not be considered. In our society, some women, after waiting for a long time, get married merely based on a fatwa without bringing it to the notice of the court or obtaining its decision. This action of theirs is not correct.
Imam Malik (may Allah have mercy on him) was asked if a woman waits for her missing husband for four years without bringing it to the notice of the court, will this period be considered? Imam Malik (may Allah have mercy on him) replied that even if she spends twenty years like this, it will not be considered.
(Al-Mudawwanah al-Kubra, p. 93, Vol. 2)
Therefore, it is necessary for a woman whose husband goes missing to immediately approach the court. Then, if the court concludes that he is indeed missing, it will order the woman to wait for one year. If the husband does not return within this period, the court will dissolve the marriage at the end of the year. Then, the woman, considering her husband deceased, will observe the waiting period of death, i.e., four months and ten days, after which she will be permitted to remarry. If the court unnecessarily prolongs the matter and the woman is helpless and cannot be patient, then a group of Muslims should investigate and make a decision. In such circumstances, a decision by a council (panchayat) will also be considered a court’s decision.
Haza ma ‘indi wallahu a’lam bis-sawab
(Fatawa Ashab al-Hadith, Vol. 3, p. 322 – Muhaddith Fatwa)
Regarding whether the wife will stay with the second husband or the first if the missing husband returns, there are different opinions among the scholars. A few are noted below:
قَالَ مَالِك وَإِنْ تَزَوَّجَتْ بَعْدَ انْقِضَاءِ عِدَّتِهَا فَدَخَلَ بِهَا زَوْجُهَا أَوْ لَمْ يَدْخُلْ بِهَا فَلَا سَبِيلَ لِزَوْجِهَا الْأَوَّلِ إِلَيْهَا قَالَ مَالِك وَذَلِكَ الْأَمْرُ عِنْدَنَا وَإِنْ أَدْرَكَهَا زَوْجُهَا قَبْلَ أَنْ تَتَزَوَّجَ فَهُوَ أَحَقُّ بِهَ
Translation:
Imam Malik (may Allah have mercy on him) said: If she (the wife of a missing husband) remarries after her waiting period has ended, then the first husband has no claim to her, whether the second husband has consummated the marriage with her or not. Imam Malik said: This is the ruling with us. And if her (first) husband finds her before she remarries, then he has more right to her.
قَالَ مَالِك وَأَدْرَكْتُ النَّاسَ يُنْكِرُونَ الَّذِي قَالَ بَعْضُ النَّاسِ عَلَى عُمَرَ بْنِ الْخَطَّابِ أَنَّهُ قَالَ يُخَيَّرُ زَوْجُهَا الْأَوَّلُ إِذَا جَاءَ فِي صَدَاقِهَا أَوْ فِي امْرَأَتِهِ
Translation:
Imam Malik (may Allah have mercy on him) said: I found people denying what some people have attributed to Umar ibn al-Khattab, that he said the first husband, upon his return, would be given a choice between her dower or his wife. (Meaning, this narration is incorrect).
قَالَ مَالِك وَبَلَغَنِي أَنَّ عُمَرَ بْنَ الْخَطَّابِ قَالَ فِي الْمَرْأَةِ يُطَلِّقُهَا زَوْجُهَا وَهُوَ غَائِبٌ عَنْهَا ثُمَّ يُرَاجِعُهَا فَلَا يَبْلُغُهَا رَجْعَتُهُ وَقَدْ بَلَغَهَا طَلَاقُهُ إِيَّاهَا فَتَزَوَّجَتْ أَنَّهُ إِنْ دَخَلَ بِهَا زَوْجُهَا الْآخَرُ أَوْ لَمْ يَدْخُلْ بِهَا فَلَا سَبِيلَ لِزَوْجِهَا الْأَوَّلِ الَّذِي كَانَ طَلَّقَهَا إِلَيْهَا قَالَ مَالِك وَهَذَا أَحَبُّ مَا سَمِعْتُ إِلَيَّ فِي هَذَا وَفِي الْمَفْقُودِ
Translation:
Imam Malik said: It has reached me that Umar ibn al-Khattab said regarding a woman whose husband, while being absent from her, divorces her and then revokes the divorce, but the news of the revocation does not reach her, while the news of the divorce has, and so she remarries; if the second husband has consummated the marriage or not, the first husband who divorced her has no claim to her. Imam Malik said: This is the most beloved of what I have heard on this matter and regarding the missing person.
Imam Abu ‘Umar ibn ‘Abd al-Barr in “Al-Istidhkar” says regarding this:
وَأَمَّا بَلَاغُ مَالِكٍ عَنْ عُمَرَ في الذي طلق فأعلنها فَارْتَجَعَ وَلَمْ يُعْلِمْهَا حَتَّى رَجَعَتْ نَكَحَتْ فَهُوَ غَيْرُ مَشْهُورٍ عَنْ عُمَرَ مِنْ رِوَايَةِ أَهْلِ الْحِجَازِ وَأَهْلِ الْعِرَاقِ
Meaning, the balagh (a narration without a chain) of Imam Malik from Sayyiduna Umar (may Allah be pleased with him) regarding the man who divorces his wife from another country, then revokes it without informing her… this is not well-known from Umar in the narrations of the people of Hijaz and Iraq.
However, Imam ‘Abd al-Razzaq narrated:
وَذَكَرَ عَبْدُ الرَّزَّاقِ قَالَ أَخْبَرَنَا مَعْمَرٌ عَنْ عَبْدِ الْكَرِيمِ الْجَزَرِيِّ عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ وَمَعْمَرٍ عَنْ مَنْصُورٍ عَنْ إِبْرَاهِيمَ أَنَّ أَبَا كَنَفٍ طَلَّقَ امْرَأَتَهُ ثُمَّ خَرَجَ مُسَافِرًا وَأَشْهَدَ عَلَى رَجَعَتِهَا قَبْلَ انْقِضَاءِ عِدَّتِهَا وَلَا أَعْلَمُ لَهَا بِذَلِكَ حَتَّى تَزَوَّجَتْ فَسَأَلَ عَنْ ذَلِكَ عَلَى رَجْعَتِهَا قَبْلَ انْقِضَاءِ الْعِدَّةِ وَلَا عِلْمَ لَهَا بِذَلِكَ حَتَّى تَزَوَّجَتْ فَسَأَلَ عَنْ ذَلِكَ عُمَرَ بْنَ الْخَطَّابِ فَقَالَ إِنْ دَخَلَ بِهَا فَهِيَ امْرَأَتُهُ وَإِلَّا فَهِيَ امْرَأَتُكَ إِنْ أَدْرَكْتَهَا قَبْلَ أَنْ يَدْخُلَ بِهَا
Translation:
Ibrahim narrates: Abu Kanaf divorced his wife and went on a journey. He then called witnesses to his revocation of the divorce before her iddah ended, but the wife did not know about it until she remarried. The first husband asked Sayyiduna Umar ibn al-Khattab (may Allah be pleased with him) about this issue. He replied: If the second husband has consummated the marriage with her, she is his wife. Otherwise, she is your wife if you reach her before he has consummated the marriage. End quote.
Imam Abu ‘Umar ibn ‘Abd al-Barr in “Al-Istidhkar” says:
فهو عن عمر منقول بنقل العدول من رواية أهل الحجاز وأهل العراق
ذكر عبد الرزاق عن معمر عن الزهري عن بن المسيب أن عمر وعثمان قضيا في المفقود أن امرأته تتربص أربع سنين وأربعة أشهر وعشرا بعد ذلك ثم تزوج فإن جاء زوجها الأول خير بين الصداق وبين امرأته
Translation:
This matter is narrated from Sayyiduna Umar (may Allah be pleased with him) through reliable narrators from the people of Hijaz and Iraq. ‘Abd al-Razzaq narrated from Ma’mar from al-Zuhri from Ibn al-Musayyib that Sayyiduna Umar and Sayyiduna Uthman (may Allah be pleased with them both) ruled regarding the missing person that his wife should wait for four years, and then four months and ten days. After that, she may marry. If her first husband returns after that, he will be given a choice between the dower (sadaq) and his wife.
(See: Sahih Fiqh al-Sunnah wa Adillatuhu wa Tawdih Madhahib al-A’immah, Vol. 3, p. 411)
According to our knowledge, the fatwa of Hazrat Umar and Uthman (may Allah be pleased with them both) is correct: the first husband should be given the choice. If he wants his wife back, he can take her, or he can take back the dower (mahr) he gave her at the time of marriage.
There is also a fatwa on this by the teacher of scholars, Sheikh Abdul Mannan Noorpuri (may Allah have mercy on him).
Question:
As-salamu ‘alaykum wa rahmatullah wa barakatuh
A husband and wife were living a peaceful life when the husband left home and there was no news for four years whether he was alive or dead. After four years, the woman remarried. And now, after 5 years, the first husband has returned. With which husband will the wife stay now? Also, how long should the wife of a missing person wait?
Answer:
Al-Jawab bi’aun al-Wahhab bi-shart sihhah al-su’al
Wa ‘alaykum al-salam wa rahmatullah wa barakatuh. Al-hamdulillah, wa al-salat wa al-salam ‘ala Rasul Allah, amma ba’d…..!
It is narrated with authentic chains from the Companions Hazrat Umar, Uthman, Ibn Umar, Ibn Abbas, Ibn Mas’ud, and several other Companions (may Allah be pleased with them all), recorded by Sa’id ibn Mansur and ‘Abd al-Razzaq, that the wife of a missing person should wait for four years. If no news of him is known within this period, his wife may remarry. If the woman remarries and after that, it is known that the first husband is alive, she will belong to the first husband. And al-Sha’bi said: The judge will separate her from the second husband. She will complete her iddah and then live with the first husband.
(Ahkam wa Masail in the Light of Quran and Hadith, Vol. 02, p. 488)
(Source: Muhaddith Forum)
(Muhaddith Fatwa)
((( And Allah the Exalted knows best what is correct )))
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