What should a wife do if her husband abandoned her and disappeared a year ago without a trace or providing for her, and she wishes to marry again? Are his family obligated to support her? And how can she marry when she cannot divorce and her husband is missing?
If the husband is missing, the wife takes her case to the Sharia judge, who sets a period after which his death is presumed. If this period elapses, the judge rules him dead, and she observes the waiting period (iddat al-wafaat). However, if the wife knows his whereabouts and he has abandoned her, she must correspond with him or refer the matter to the ruler, who compels him to return. If he refuses, the ruler divorces him or annuls the marriage on her behalf.
The maintenance of a woman whose husband is absent or missing is obligatory from her husband's wealth during his absence and the waiting period. If her husband has money in her possession, she takes from it. Otherwise, she refers her case to the judge to allocate maintenance for her or permit her to borrow. If his death is confirmed after she has spent from his wealth, what she spent is deducted from her inheritance.
If there is no Sharia judge, Islamic centers take his place. Then, recourse is made to secular courts solely for obtaining official documents.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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