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Remarriage After a Husband Goes Missing: Classical and Modern Perspectives

(Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 755)

Question:

What is the Islamic ruling for a woman whose husband has gone missing? After how long can she remarry? Please provide a verdict based on the Qur'an and Sunnah.

Answer:

Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd:
If a woman’s husband genuinely goes missing — meaning his life or death is completely unknown, and no family member, relative, or acquaintance can confirm any information about his whereabouts — then the Sharī‘ah stipulates a specific waiting period, after which she may remarry.

1. Sayyidunā ‘Umar ibn al-Khaṭṭāb’s Ruling

According to a well-known fatwa of Sayyidunā ‘Umar (رضي الله عنه):
  • The woman must wait for four years.
  • After completing these four years, she must then observe the ʿiddah (waiting period) of a widow — which is four months and ten days.
  • Once this period is complete, she is religiously free to remarry.
This ruling is cited in Sabil al-Salām:
“From ‘Umar (may Allah be pleased with him) regarding the wife of a missing man: she must wait four years, then observe ʿiddah of four months and ten days.”
(Sabil al-Salām, Vol. 2, p. 207–208)

Clarification by Sayyidunā ‘Umar (رضي الله عنه):

He stated:
"A woman whose husband goes missing shall wait for four years. If the four years pass without news, the husband will be considered dead. She will then observe the ʿiddah of widowhood (4 months 10 days), and after that, she may marry whomever she wills, with her guardian's consent."

2. Imām Mālik and Saʿīd ibn al-Musayyib’s Position

Saʿīd ibn al-Musayyib narrates:
“If a woman loses her husband and has no clue where he is, she waits four years, then observes four months and ten days of ʿiddah, and then she is permitted to remarry.”
(Muwaṭṭaʾ Imām Mālik, Bāb ʿIddat al-Mafqūd, p. 523)

3. Alternative View: One-Year Waiting Period

According to Saʿīd ibn al-Musayyib and ʿAbdullāh ibn Masʿūd (رضي الله عنه):
  • If the missing person was a soldier lost in battle, his wife may remarry after waiting one year.
Imām al-Bukhārī brings a narration:
“Saʿīd ibn al-Musayyib said: If a man is lost in battle, his wife should wait one year.”
(Ṣaḥīḥ al-Bukhārī, Vol. 2, p. 797, Bāb Ḥukm al-Mafqūd)

Similarly, ʿAbdullāh ibn Masʿūd ruled that if a slave owner went missing, the waiting period was one year.

4. Imām al-Bukhārī’s Inclination

Imām Bukhārī appears inclined toward the one-year waiting period. Given modern communication tools (internet, radio, TV, phone), it is reasonable to assume that:
  • If no trace of the husband is found even after one year, the chance of his survival is extremely low.
  • Therefore, a longer waiting period may not be necessary.

5. Classical vs. Contemporary Opinions

ViewRulingBasis
Classical / Majority ScholarsWait 4 years, then observe 4 months 10 days ʿiddahSayyidunā ‘Umar’s fatwa (رضي الله عنه)
Contemporary View (Supported by Bukhārī, Ibn Masʿūd, Saʿīd ibn al-Musayyib)1 year waiting is sufficientBased on the modern ease of information access

Conclusion:

✅ If a woman’s husband goes missing with no confirmed information of life or death:
  • She should wait for 4 years, then observe ʿiddat al-wafāt (4 months 10 days), and may then remarry — this is the majority and safer opinion.
  • Alternatively, in modern times, based on the view of Imām Bukhārī and others, a one-year wait may be sufficient, subject to the decision of a qualified Sharʿī authority or Islamic court.
 
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