What is the ruling on a woman marrying seven months after losing her husband, who had divorced her and then taken her back through a sheikh without witnesses?
If a husband goes missing and his life or death is unknown, the judge will examine the case and rule on his life or death after an appropriate period. If there is no Sharia judge, the Imam of the mosque, along with a group of upright Muslims, will undertake this. This period should be no less than one year and no more than four years. If he is ruled deceased, his assets are distributed, and his wife observes the (waiting period).
It is not permissible to contract a second marriage before the judge or the Muslim community rules on the missing husband's death. The wife then observes the iddah of death (four months and ten days) after this ruling. Subsequently, she performs an istibra’ (cleansing) by one menstruation before remarrying, to ensure there is no remnant from the invalid marriage.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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