What is the ruling on the marriage contract if only the husband is captured as a prisoner of war from the non-believers?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The marriage contract is not dissolved because there is no explicit text (nass) establishing dissolution, nor does analogy necessitate it. The Prophet (peace be upon him) captured seventy men from the disbelievers at Badr, granted clemency to some and ransomed others, but he did not rule the dissolution of their marriages. Moreover, if separation is not ruled when both are captured despite complete dominion, it should certainly not be ruled when dominion is absent.
Supporting text
Abu Al-Khattab held that if either spouse is captured, the marriage is dissolved without distinction. Abu Hanifa concurred, arguing that the separation of the domiciles (Dar al-Harb and Dar al-Islam) and the subsequent ownership of one spouse necessitate dissolution, as in the case where only the wife is captured. Al-Shafi'i stated dissolution occurs if the husband is enslaved, but not if he is granted favor or ransomed.