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The question

What is the ruling on a woman marrying after being certain of her husband's death, then it becomes clear that her husband had not died?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

First: If a trustworthy person informs a woman of her husband's death, she is permitted to marry after the expiry of her ', and there is no sin upon her for what she has done.

Second: If it becomes clear that the first husband is alive, he is given the choice between taking his wife back (whereupon she returns to him with the original marriage contract after her 'iddah from the second husband, and she is entitled to her mahr from the one who consummated the marriage with her) or leaving her for the second husband (in which case she does not need to renew a contract).

Third: If the life of the first husband is confirmed, the wife's marriage to the second husband becomes null and void, and the second husband is not permitted to approach her until the first husband is given the choice. If the first husband chooses her, and he is imprisoned, and the wife is harmed by this, she has the right to request annulment from the judge or a group of scholars if access to a judge is not possible.

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Ftawy
Original fatwa ID
6477
Imported
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