FatwaFederal TerritoriesMarriage & Family
IRSYAD HUKUM SIRI KE #193 : SUAMI HILANG, PULANG SELEPAS 6 BULAN
What is the ruling on a wife's marriage to another man if her husband went missing for 6 months and then returned?
Short answer
A missing person (mafqud) is someone whose news has been cut off and whose status, alive or dead, is unknown.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Irsyad al-Hukum (Umum)
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A missing person (mafqud) is someone whose news has been cut off and whose status, alive or dead, is unknown. According to the hadith cited, the wife of a missing man remains his wife until clear proof arrives. Waiting periods differ between schools: Imam al-Shafi'i's old opinion and the Maliki school give 4 years plus an iddah of 4 months and 10 days, while the sound Shafi'i view leaves it to the judge's ijtihad. Malaysian shariah law refers to four years without news in its evidence provision, and the text provided ends before fully addressing the 6-month case.
Written in our own words from the original fatwa — check the source before acting on it.
"Isteri orang yang hilang, masih dianggap isterinya sehingga datang bukti yang nyata."
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “IRSYAD HUKUM SIRI KE #193 : SUAMI HILANG, PULANG SELEPAS 6 BULAN”, 10 May 2017. https://muftiwp.gov.my/ms/artikel/irsyad-hukum/umum/864-irsyad-al-fatwa-siri-ke-suami-hilang-pulang-selepas-6-bulan. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-wife-remarrying-missing-husband-returns/