Is a wife entitled to marry another if her husband is imprisoned and she does not know when he will be released? And what are the conditions for that?
A woman whose husband has been imprisoned and has not left her with financial support has the choice between remaining married to him or seeking a divorce. However, if he has left her with financial support and the duration of his imprisonment is prolonged, and she is harmed by this situation, then it is permissible for her to bring her case before a judge to request a divorce, as held by Sheikh al-Islam Ibn Taymiyyah. If the wife is unable to benefit from her imprisoned husband, then it is permissible for her to seek a divorce. If the divorce occurs and she completes her (waiting period), she becomes lawful for another man.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 68749
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy