What is the legal status if the first husband returns before the wife remarries?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the first husband returns before the wife contracts a second marriage, she remains his wife. This is deemed correct because the permission to remarry was based on the presumption of the first husband's death. When he appears alive, that presumption is nullified, and the original marriage contract stands, similar to a situation where witnesses testify to death but he is later found alive. This status is held because he possesses one of the two ownership claims, analogous to property rights. Some Shafi'i scholars hold a secondary view that if a fixed period was set, the first marriage is void upon its expiration.