Is the legal disposition made by a missing husband regarding his wife valid?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
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.