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Fatawaa


Subject : Husband has been Missing for over a Year

Fatwa Number : 613

Date : 20-04-2010

Classified : Divorce

Fatwa Type : Search Fatawaa


Question :

My husband has been missing in Iraq for over thirteen months. I have notified the concerned authorities, but all evidence indicated that he is missing and there is no sign of him. Should I observe Iddah?



The Answer :

Praise be to Allah the Lord of the Worlds.

Based on the rule, "things thus standing," your husband is considered alive and you are still his wife until it is proven otherwise. Therefore, you don`t have to observe Iddah (the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man).

However, if you experience hardship due to lack of alimony or the like then go to a court of Sharia where the judge will issue you a separation ruling if he deems necessary. And Allah the Almighty knows best.




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