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?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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 court for a ruling.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/122998
Where this answer came from
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- Ftawy
- Original fatwa ID
- 122998
- 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