Question:
assalamu alaikum sheik,
If a married person went abroad and didn’t return home for more than 15 years; and it is not known whether he is alive or dead, because from the day he went abroad we didn’t get any information. My question is:
1 Can his wife marry another person,
2 If she can marry must she wait iddah?
3 For example, if she can marry and her husband come home what can the wife do? Must she give thalaq to 2nd husband and be with 1st husband. Or live with 2nd husband? Please respond as soon as you can sheik with sharia proof. Jazakallah
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
According to the Shafi’i School’s relied-upon opinion, before such a woman can remarry, news regarding her husband’s passing, issuing a divorce, etc., must be received. (Nihayat al-Muhtaj v. 7, p. 147-48; Rawdat al-Talibin v. 6, p. 377)
The relied-upon view is Imam Shafi’i’s qawl jadid. According to his qawl qadim, which is also a verdict from ‘Umar b. al-Khattab and Imam Malik’s opinion, after her case is judged, she must wait four years, then go into a waiting period [‘iddah], and then may remarry. (Istidhkar v. 6, p. 130; Rawdat al-Talibin v. 6, p. 377) Thus, there may be an opinion in Islamic law that provides some latitude.
This answer has been provided in brief. What one needs to do in such a situation is seek the advice and council of their local ulama.
And Allah knows best.
Shafiifiqh.com Fatwa Dept.