Fatwa: Sheikh Muhammad bin Saleh Al-Uthaymeen حفظ اللہ
If the second marriage continues, the matter is clear, and that marriage remains valid. However, if he wishes to take his wife back, she can return to him, but he cannot have marital relations with her until she completes the waiting period (iddah) from the second husband.
The first husband will not need to perform a new marriage contract because the initial marriage was not rendered invalid for any reason that would necessitate a new contract.
Regarding the child from the second husband, that child is considered legitimate and is the result of a permissible marriage, so the child will be attributed to his father.
Question:
A man has been missing for a long time, and it has become certain that he is lost. Therefore, his wife married another man and had a child. Many years later, the first husband returned. Will the marriage to the second husband remain valid or be annulled? Does the first husband have the right to reclaim his wife, and if so, will a new marriage contract be necessary?Answer:
This issue is known in jurisprudential terms as "the marriage of a missing man's wife." If a woman's husband goes missing and the period for searching for him elapses, leading to the presumption of his death, and she marries another man after completing her waiting period (iddah), then if the missing husband returns, the first husband has the option to either allow the second marriage to remain valid or to take his wife back.If the second marriage continues, the matter is clear, and that marriage remains valid. However, if he wishes to take his wife back, she can return to him, but he cannot have marital relations with her until she completes the waiting period (iddah) from the second husband.
The first husband will not need to perform a new marriage contract because the initial marriage was not rendered invalid for any reason that would necessitate a new contract.
Regarding the child from the second husband, that child is considered legitimate and is the result of a permissible marriage, so the child will be attributed to his father.
