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Missing Husband

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Question is it my cousin he is missing from 10 year 7year to go he did not contact with wife according to one has kno wn person in Australis he say i will never contact with my family but problem is it has wife wanted to merry with me because she have 2 kids and very Alon and she much love me what we can do?

Bismillaah

A: The wife should go to the Jamiat-ul-Ulama of the place she is residing in and file a complaint regarding her husband being missing for the last ten years. If she requests for a separation the Jamiat will ask her to wait for a certain period in order for the nikah to be anulled. After the specified period you may marry her.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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