Is the remarriage of a missing person's wife valid if she marries before the legally prescribed waiting period or when her husband's absence does not clearly indicate his demise?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The marriage contract entered into by a missing person's wife is void if she remarries when she is not permitted to do so, such as before the prescribed period has elapsed or when her husband's absence suggests he is alive. This ruling is based on the principle that she married during a period prohibited for marriage, similar to a woman marrying while observing the waiting period (*iddah*) of divorce or a questionable *iddah* before the doubt is resolved. This prohibition renders the contract invalid.
Supporting text
Al-Qadi stated that if it becomes evident the husband has died and her waiting period has passed, or if he divorced her and her waiting period has ended, there are two views on the validity of her subsequent marriage. One view holds it is valid because she is no longer in a marriage or *iddah*, allowing her to marry as if she knew these facts. The second view holds it is invalid because she held the belief that her remarriage was forbidden and void. This is analogous to a case concerning the sale of property one possesses believing it belongs to an ancestor, which is later discovered to be inherited property, where two views exist on the sale's validity. Al-Shafi'i follows a similar view.