Najafi Q&A: missing spouse
lit 8/29/2026 · 3 entries · 0 followers · 0 likes
⚖️ Fiqh & LawJurist: Shaykh Bashir al-NajafiTopic: missing spouseMadhhab / school: Shia Ithna 'AshariyahSection: Treatments#fiqh#najafi#qa
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If a wife is abandoned by her husband, for how many days should she search for him so that he either returns to her or divorces her? Or is it the duty of the legitimate religious authority to search for her husband, and if he is not found, the divorce is issued?
Answer
In the name of Allah, it is obligatory to search for the husband in the places where he has been absent for four years. After that, if the wife chooses to remain patient, she will be rewarded; but if she wishes separation, then the legitimate religious authority divorces her upon her request. Allah knows best.
Source:alnajafy.com · alnajafy.com
We need a solution which is compatible with Islamic laws regarding the following case: a thirty year old woman of our relatives has three children, two sons and a daughter. She waits for her husband, in their house, who has been missing for ten years and he is with a mental disorder. Now, her mother wants to get her married to another man. Is it permissible for her to marry without divorce from her missing husband due to the aforementioned reason?
Answer
In the name of Allah, this is not permissible, unless you are certain of the husband's death, or the religious ruler shall divorce them. Allah knows best.
Source:alnajafy.com · alnajafy.com
What is your Excellency's opinion regarding the wife who has a missing husband because of the circumstances of the country? They have searched about him, but in vain, for example, those who have been missing in Spiker camp? Should she wait for four years? Does she have to appeal to the religious ruler to get her divorced?
Answer
In the name of Allah, if she is certain of his death, then she can have a waiting period for the dead husband from the time when she is certain of the death. If she remains uncertain and patient, then she will have the reward of those who are patient.
Source:alnajafy.com · alnajafy.com
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