What is the ruling for a wife whose husband's absence is unknown and his whereabouts are lost, but whose absence implies safety (e.g., trade journey)?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If the husband's absence implies safety, such as embarking on a trade journey not known to be perilous, or fleeing as a slave, seeking knowledge, or traveling for leisure, the marital bond remains intact and the wife cannot dissolve the marriage until his death is proven. This view is attributed to Ali, Ibn Shubruma, Ibn Abi Laila, Al-Thawri, Abu Hanifa, and Al-Shafi'i in his later opinion (al-Jadid).
Supporting text
Malik and Al-Shafi'i in his earlier opinion (al-Qadim) held that she must wait four years, observe the waiting period for widowhood (four months and ten days), and then she is free to remarry. Their rationale is that if dissolution is permitted due to inability to perform intercourse (infertility) or inability to provide maintenance, it is more appropriate to permit it here due to the impossibility of both. Ahmad narrated that after ninety years of absence, his estate should be divided, implying his wife observes the widow's waiting period and remarries. The established position (Al-Madhhab) rejects this ninety-year term as it lacks textual foundation (Tawqif) and leads to inconsistency based on the husband's age at disappearance.