Islamic Ruling on a Woman Remarrying After Her Husband Goes Missing for Years

(Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 757)

Question:

My daughter’s husband has been missing for the past 10–12 years. We do not know whether he is alive or deceased. Despite extensive efforts, no information about him has been found. What is the Islamic ruling for her in this situation?

Answer:

Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd:
In the case where a woman’s husband has been missing for an extended period, and all efforts to locate him have failed, Sharī‘ah gives her the right to make a decision about her future, based on precedents set by the Companions and early scholars.

1. Sayyidunā ʿUmar ibn al-Khaṭṭāb’s (رضي الله عنه) Ruling

As narrated in al-Muwaṭṭaʾ and Sabil al-Salām, ʿUmar ibn al-Khaṭṭāb ruled:
“If a woman’s husband goes missing and there is no news of him for four years, then she should wait four years. After that, she must observe ʿiddah of four months and ten days (as for a widow). Then, she may remarry with her guardian’s consent.”
This ruling considers the missing husband as deemed deceased after the prolonged absence and allows the woman to resume her life within the bounds of Islamic law.

2. Opinion of ʿAbdullāh ibn Masʿūd (رضي الله عنه) and Tābiʿī Saʿīd ibn al-Musayyib

According to Ṣaḥīḥ al-Bukhārī (Vol. 2, p. 797):

• Saʿīd ibn al-Musayyib held the view that one year of waiting is sufficient if a man disappears, such as in battle.
• ʿAbdullāh ibn Masʿūd (رضي الله عنه) is also reported to have ruled based on a one-year waiting period in similar circumstances.

These opinions imply that if there is no trace of the man after one year, the woman may proceed to observe ʿiddah and then remarry.

3. Contemporary Application & Reasoning

The author of the fatwa adds:
“Given the technological advancements in media, communication, and tracking, it is reasonable to follow the opinion of Imām al-Bukhārī and other early scholars who allowed one-year waiting. In this modern age, it is highly unlikely that a person remains missing for years without any trace if he were alive.”
Hence, following the shorter waiting period is both valid and practical today, especially when modern tools (like media, police, government databases) have failed to trace the missing person for a decade.

4. Legal & Ethical Note

The Muftī issuing such a ruling is not responsible for any legal complications arising from government regulations. It is advisable to seek clearance or legal facilitation from local Islamic authorities or courts, if needed.

✅ Summary of Rulings: