Ruling on the ʿIddah and Remarriage of a Woman Whose Husband is Missing
Written by: Imran Ayub Lahori❖ The Case of a Woman Whose Husband Goes Missing
The issue of a husband who disappears without trace is one of the most disputed matters among scholars, largely due to the absence of any authentic marfūʿ narration from the Prophet ﷺ. However, the preferred and strongest opinion (rājih) according to many jurists is based on the fatwā of ʿUmar ibn al-Khaṭṭāb (رضي الله عنه).
✔ The Preferred View: Four-Year Wait + ʿIddah of Death
After four years from the time of disappearance, the husband is to be presumed deceased. The wife must then complete the ʿiddah of a widow, which is:
◈ Four months and ten days (ʿiddat al-mutawaffā ʿanhā zawjuhā)
After completing this ʿiddah, she may remarry.
Evidences from the Ṣaḥābah:
➊ ʿUmar ibn al-Khaṭṭāb (رضي الله عنه):
“The wife of a missing man shall wait four years. Then she will observe the ʿiddah of a widow (four months and ten days), after which she may remarry.”
[Sunan Saʿīd ibn Manṣūr: 1/400, al-Muwaṭṭā, al-Bayhaqī al-Kubrā: 7/445, ʿAbd al-Razzāq: 7/88]➋ Saʿīd ibn al-Musayyib (رحمه الله):
He reports that both ʿUmar and ʿUthmān (رضي الله عنهما) issued the same ruling.
[ʿAbd al-Razzāq: 7/85]➌ Ibn ʿAbbās and Ibn ʿUmar (رضي الله عنهم):
Both said: “The wife of a missing man shall wait four years.”
[Saʿīd ibn Manṣūr: 1756, al-Bayhaqī: 7/445]➍ Distinction by Context (Saʿīd ibn al-Musayyib):
– If the man is missing in war, the wife should wait one year.
– If missing outside of war, then she should wait four years.
[ʿAbd al-Razzāq: 7/89]
Statement of Ibn Ḥajar (رحمه الله):
He states that the majority of scholars have preferred this view.
[Fatḥ al-Bārī: 9/431]
Rejection of Fabricated Narration
The narration stating:
“The wife of a missing man shall remain his wife until a clear report is received of his fate,”
…is declared weak and fabricated by multiple authorities.
[al-Dāraqutnī: 3/312, al-ʿIlal by Ibn Abī Ḥātim: 1/432, Commentary on Sabil al-Salām by Shaykh Ṣubḥī Ḥallāq: 6/317]
Views of the Imams
◈ Mālikī and Shāfiʿī Schools:
They act upon the fatwā of ʿUmar (رضي الله عنه).
◈ Imām Aḥmad:
In one narration, he too supports this view.
⚠ Ḥanafī View: Continuity of Marriage
The Ḥanafī madhhab states:
– The wife remains married to the missing man until:
- Verified death,
- Proof of divorce, or
- Proof that the husband became an apostate.
◈ Their estimation of "natural death":
– Opinions range from 60, 70, 90, 120, up to even 150–200 years!
[al-Muhadhdhab: 2/146, Kashshāf al-Qināʿ: 5/487, al-Sharḥ al-Ṣaghīr: 2/693, Ghāyat al-Muntaḥā: 3/212, al-Mughnī: 7/488, al-Durr al-Mukhtār: 3/160, Mughni al-Muḥtāj: 3/397, al-Rawḍah al-Nadiyyah: 2/116]
Special Clause: Provision Left by the Missing Husband
If the missing husband had left financial provisions for his wife, then he is to be considered alive (i.e., still providing), unless proven otherwise.
In that case:
– The ḥākim (judge) may issue annulment upon the wife’s request.
Shawkānī (رحمه الله) holds this view.
[al-Sayl al-Jarrār: 2/257]
Final Verdict
✔ The most authentic and juristically preferred opinion is that of ʿUmar ibn al-Khaṭṭāb (رضي الله عنه):
– Wait four years,
– Then observe ʿiddah of death,
– Then remarriage is permissible.
