(Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 757)
What is the Islamic ruling for a woman named Hindah, whose husband Zaid has been missing for nearly six years? There has been no financial support from him, nor any information about his whereabouts. Can she now remarry after seven years? If so, what is the required ʿiddah (waiting period) before a new marriage?
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd:
If the case is as described, and Zaid has been truly missing for over six years, with no trace of life or death, and no communication or support, Hindah is Islamically permitted to remarry, after fulfilling a prescribed waiting period.
According to a narration from Saʿīd ibn al-Musayyib, ʿUmar ibn al-Khaṭṭāb (RA) ruled:
“Any woman whose husband goes missing, and there is no news of him, must wait four years. After that, she observes ʿiddah (waiting period for widow) for four months and ten days, and then she is free to remarry.”
(al-Muwaṭṭaʾ, Bāb ʿIddat al-Marʾah allatī tafqid zawjahā; Sabil al-Salām, Vol. 3, pp. 207–208)
Even though this narration is technically mawqūf (a companion’s statement), it holds the ruling status of marfūʿ (attributable to the Prophet ﷺ) due to its legal implications.
This ruling is supported by several notable companions and early scholars:
These luminaries also maintained the view that a four-year waiting period followed by ʿiddat al-wafāt (ʿiddah of a widow) is sufficient for remarriage.
The four-year waiting period begins:
According to Abū al-Zinād, as quoted in Sabil al-Salām (Vol. 3, p. 208):
He asked Saʿīd ibn al-Musayyib about a husband unable to support his wife. Saʿīd replied: “They should be separated.” When asked, “Is this a Sunnah?” he replied: “Yes, it is a Sunnah.”
Imām al-Shāfiʿī considered this to be the Sunnah of the Prophet ﷺ.
If a separation is allowed due to inability to provide financial maintenance, then a woman whose husband is completely missing is even more deserving of that right.
Question:
What is the Islamic ruling for a woman named Hindah, whose husband Zaid has been missing for nearly six years? There has been no financial support from him, nor any information about his whereabouts. Can she now remarry after seven years? If so, what is the required ʿiddah (waiting period) before a new marriage?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd:
If the case is as described, and Zaid has been truly missing for over six years, with no trace of life or death, and no communication or support, Hindah is Islamically permitted to remarry, after fulfilling a prescribed waiting period.
1. Classical Precedent: Sayyidunā ʿUmar ibn al-Khaṭṭāb (رضي الله عنه)
According to a narration from Saʿīd ibn al-Musayyib, ʿUmar ibn al-Khaṭṭāb (RA) ruled:
“Any woman whose husband goes missing, and there is no news of him, must wait four years. After that, she observes ʿiddah (waiting period for widow) for four months and ten days, and then she is free to remarry.”
(al-Muwaṭṭaʾ, Bāb ʿIddat al-Marʾah allatī tafqid zawjahā; Sabil al-Salām, Vol. 3, pp. 207–208)
Even though this narration is technically mawqūf (a companion’s statement), it holds the ruling status of marfūʿ (attributable to the Prophet ﷺ) due to its legal implications.
2. Opinions of the Companions and Tābiʿīn
This ruling is supported by several notable companions and early scholars:
- ʿUmar ibn al-Khaṭṭāb
- ʿUthmān ibn ʿAffān
- ʿAbdullāh ibn Masʿūd
- ʿAbdullāh ibn ʿUmar
- Ibn ʿAbbās
- Saʿīd ibn al-Musayyib (Tābiʿī)
- Ibrāhīm al-Nakhaʿī, ʿAṭāʾ, al-Zuhrī, Makḥūl, and ʿĀmir al-Shaʿbī
These luminaries also maintained the view that a four-year waiting period followed by ʿiddat al-wafāt (ʿiddah of a widow) is sufficient for remarriage.
3. Starting the 4-Year Period
The four-year waiting period begins:
- From the day the woman presents her case to an Islamic judge or authority.
- Once four years are completed, she must then observe ʿiddah of four months and ten days.
4. Additional Jurisprudential Insight
According to Abū al-Zinād, as quoted in Sabil al-Salām (Vol. 3, p. 208):
He asked Saʿīd ibn al-Musayyib about a husband unable to support his wife. Saʿīd replied: “They should be separated.” When asked, “Is this a Sunnah?” he replied: “Yes, it is a Sunnah.”
Imām al-Shāfiʿī considered this to be the Sunnah of the Prophet ﷺ.
If a separation is allowed due to inability to provide financial maintenance, then a woman whose husband is completely missing is even more deserving of that right.
Final Ruling:
- A woman whose husband has been missing without any trace for 4 yearsis permitted to:
- Observe ʿiddah of four months and ten days (as a widow),
- Then remarry with the approval of her guardian (walī).
- In this case, Hindah has already waited seven years, which exceeds the classical period of 4 years. Thus, she may proceed with ʿiddah and remarry.
- The Islamic principle here is mercy and relief, not indefinite hardship.
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