Question:
What is the Shariat’s ruling pertaining to a woman whose husband is missing? What can she do? Does she have to wait or can she marry another person.
Answer:
In this case the Hanafi jurists have given the fatwa upon the view of Imam Malik. Imam Malik’s view states that, ‘A woman should wait for a period of four years (i.e. commencing from the order of the Qaadi etc.). Thereafter she must observe the waiting period of four months, 10 days. Upon completion she can now re-marry. In case of real difficulties where she is unable to wait for this long period, she can wait only for one year, thereafter observing the waiting period of three menses, she can now re-marry.
(Shaami – Vol. 4 – Pg. 295 & 296 / Heelatun Naajizah – Pg. 116)
And Allah knows best.
Mufti Waseem Khan