Start Date of ‘Iddah for the Wife of a Missing Husband

Source: Fatawa Ilmiyyah (Tawdih al-Ahkam)

Question:​

When does the ‘iddah (waiting period) of a woman whose husband was missing (mafqud al-khabar) and later confirmed deceased begin?

Explanation:​

If a woman’s husband goes missing and later news comes that he has passed away, the question arises:

• Should her ‘iddah begin from the day she receives the news of his death?
• Or from the actual date of his death?

Example:
A man disappeared on 25 June.
Two months later, on 26 August, news arrived that he had died — but in reality, his death occurred on 26 June.
From which date will the ‘iddah be counted?

Answer:​

Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd!


✿ In Islamic law, rulings are based on certainty, not on doubts or assumptions.


✔ If the date of death is proven with certainty — ‘Iddah begins from the actual date of death.

• In the above example, since it is established that he died on 26 June, the ‘iddah will start from 26 June.

✔ If the date of death is uncertain — ‘Iddah begins from the date the wife receives reliable news of his death.

• In the above example, if the exact death date is not certain and the news on 26 August is based on mere assumption, the ‘iddah will begin from 26 August.

✿ The reason: Shar‘i rulings are founded upon certainty, not conjecture.


ھذا ما عندي واللہ أعلم بالصواب