Is the legal disposition made by a missing husband regarding his wife valid?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 1 · Bab 1

Open in Qurani

Primary text

The disposition of the missing husband concerning his wife, such as divorce, *Zihar* (affirmation of kinship akin to an unlawful declaration), *Ila'* (oath of abstinence), or *Qadhf* (accusation of adultery), is valid. This validity stems from the persistence of the marriage contract. Consequently, the wife is given the option to choose regarding the resumption of their relationship. The ruling permitting her to remarry is established based on the apparent presumption of his death. This ruling does not nullify the contract in the hidden reality (*batin*), similar to a situation where false witnesses testify to his death.