I have one of my relative who is mentally having problems, some time he acts normal but sometimes not, he got marreid before Two years due to unexpectation of his behaviour, his parents took him banglore to mental doctors,where he get admitted, they examined him nothing comes out. after 3days from the hospital he dis-appeared and we tried to find him but no result.since 8 month has been passed we havn’t get any information about him. now i am worried about his wife. How long (duration) she can wait for his husband in order to move get another marraige.now we are worreid about the girl.she has no baby from this marriage.
Answer
(Fatwa: 1014/1014/M=1432)
The wife of that missing person should file her case in local or nearby Darul Qaza or in Shariah Panchayat. First, the members of the Shariah Panchayat would investigate the case as per the rules. After these measures, when they would revoke the nikah of that missing person as per “Al-Heelah al-Najizah” she can marry somewhere else after passing the iddah. She will have to wait whatever time this procedure takes. It is not lawful for her to marry other man until she does not come out of her husband’s nikah.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband