Is it permissible for a girl to seek khulʿ and annulment of the marriage contract in the absence of her husband, and is it permissible for the questioner to marry her, if her first marriage contract was not officially documented, and her husband is absent and nothing is known about him?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
Firstly: The marriage should be officially documented to protect rights and preserve the contract. It is not permissible for anyone to marry a married woman, and it is forbidden to "corrupt" a woman against her husband.
Secondly: If the woman's husband is absent, the judge specifies a certain period. If no news of him emerges after that period, the judge rules him deceased, and his wife observes the waiting period (iddah) of death. She is then entitled to marry after the iddah expires. The questioner must keep away from this woman.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/5586
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- Ftawy
- Original fatwa ID
- 5586
- Imported
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- Source text, unreviewed
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