• Social Matters >> Nikah (Marriage)

    Question ID: 49515Country: India

    Title: Second Marriage after husband is missing.

    Question: I am a Muslim woman married for past 15 years since last 7 (seven) years my husband is missing. We made all the efforts to search him with no result. Recently I did nikah with a Muslim man who is already married with my parents’ permission. Is my nikah valid because I have not performed iddah and not taken talaq from my first husband because he is missing?

    Answer ID: 49515

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 28/34/L=01/1435) If the husband is missing in a way that it is not even known whether he is dead or alive then the woman should file her case in local Shariah Panchayat. After investigating the case, if the Panchayat revokes the nikah as per the provisions mentioned in ‘Al-Heela Al-Jajizah’ then the woman shall be eligible to marry somewhere else after passing her iddah. You married second time without revoking your nikah, it was not valid. You should separate yourself immediately and you must not marry anywhere else until your nikah is not revoked as per the Shariah method and your iddah is not over.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India