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Is her second marriage valid after her first marriage was annulled due to the husband's absence for more than four months, and she is now pregnant and wonders about the legitimacy of her pregnancy?

1 min readAlso available in العربية

The marriage is not dissolved merely by the husband's absence for four months, and the assertion that it is dissolved thereby is incorrect. Therefore, the wife remains under the marital bond of her first husband unless he divorces her or a judge rules to annul the marriage. The second marriage, in this situation, is invalid. Ibn Qudamah said: "If the wife of a missing person marries at a time when she is not permitted to marry... then her marriage is invalid." The second marriage is not considered fornication for those who believe it to be valid, and the matter must be referred to a Sharia court for a ruling.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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