❖ Sharʿī Solution for Khulʿ in Case of a Missing Husband ❖
Answer by: Fadhīlat al-Bāḥith Dāwūd Ismāʿīl حفظه الله & Fadhīlat al-Bāḥith Fahd Anṣārī حفظه الله
My younger brother went to Iran 12 years ago and has not been heard from since. His wife now wishes to seek khulʿ (separation). What is the Sharʿī ruling in such a case?
✔ In the case of a missing person (مفقود الخبر), the matter must be decided by an Islamic judge (قاضي).
✔ The dominant opinion (راجح قول) among scholars is that the ruling authority or court should evaluate the circumstances and evidence, and issue a decision accordingly.
Imām al-Bukhārī رحمه الله inclined to the opinion that waiting one year is appropriate before proceeding with further action.
This is based on analogy (qiyās) with the ḥadīth related to lost property (لقطة).
❖ Since there is no explicit and definitive text from the Qur’ān or Sunnah on this specific situation, and since scholars have differed in their opinions,
❖ The matter is best left to judicial discretion based on the current context, evidence, and circumstances.
✔ The wife of the missing person cannot independently seek khulʿ or remarriage.
✔ She must present her case before the court, which will evaluate the situation and issue a legally binding verdict.
✔ In matters of long-term disappearance, the judiciary’s decision is to be respected and upheld.
Answer by: Fadhīlat al-Bāḥith Dāwūd Ismāʿīl حفظه الله & Fadhīlat al-Bāḥith Fahd Anṣārī حفظه الله
❖ Question:
My younger brother went to Iran 12 years ago and has not been heard from since. His wife now wishes to seek khulʿ (separation). What is the Sharʿī ruling in such a case?
❖ Answer:
✔ In the case of a missing person (مفقود الخبر), the matter must be decided by an Islamic judge (قاضي).
✔ The dominant opinion (راجح قول) among scholars is that the ruling authority or court should evaluate the circumstances and evidence, and issue a decision accordingly.
❖ Scholarly Basis:
Imām al-Bukhārī رحمه الله inclined to the opinion that waiting one year is appropriate before proceeding with further action.
This is based on analogy (qiyās) with the ḥadīth related to lost property (لقطة).
❖ Key Considerations:
❖ Since there is no explicit and definitive text from the Qur’ān or Sunnah on this specific situation, and since scholars have differed in their opinions,
❖ The matter is best left to judicial discretion based on the current context, evidence, and circumstances.
❖ Conclusion:
✔ The wife of the missing person cannot independently seek khulʿ or remarriage.
✔ She must present her case before the court, which will evaluate the situation and issue a legally binding verdict.
✔ In matters of long-term disappearance, the judiciary’s decision is to be respected and upheld.
