What is the ruling on the marriage contract if only the wife is captured as a prisoner of war from the non-believers?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 2 · Bab 1

Open in Qurani

Primary text

The marriage contract is dissolved without any known difference of opinion. This is indicated by the verse {And [prohibited to you are] the married women except those whom your right hands possess} (Quran 4:24), and the narration from Abu Sa'id al-Khudri regarding the captives of Awtas, which prompted the revelation of this verse (Hadith reported by Al-Tirmidhi, deemed Hasan). Since the necessary cause for dissolution has occurred, the contract is voided, similar to if the husband were captured a month later.

Supporting text

Abu Hanifa stipulated that if the wife is captured alone, the marriage remains valid if the husband is captured even one day later.