What is the ruling on the waiting period (تربص) for a woman whose husband has been absent for fifteen years, then she received news of his death thirteen years ago, knowing that she gave birth to a child after her husband's disappearance? And is it sinful for whoever tells her to observe a waiting period?

If the husband is absent from his wife, there are two scenarios:

The first scenario: His absence is not قطع, and he can be contacted. In this case, it is not permissible for his wife to marry unless the judge annuls the marriage due to the inability to provide maintenance or the wife's fear of falling into adultery.

The second scenario: His absence is قطع, and there is no news of him. Scholars have differed on this scenario, with two opinions:

The first opinion: His wife cannot marry until his death or separation from her is confirmed.

The second opinion: She can marry after a period of time is given to ascertain her husband's life. Those who hold this opinion differ on specifying the duration:

Some believe that the estimation of the period is left to the ruler and his ijtihad (independent reasoning), due to the lack of specific evidence and because the presumption is the life of the missing person.

Others believe that it is estimated by specific years that vary depending on the likelihood of death or safety.

The preponderant opinion is that the wife should refer her case to the ruler and wait for four years, then observe the 'iddah (waiting period) of death (four months and ten days), and then she may marry if she wishes. This is what 'Umar, 'Uthman, and other Companions and Tabi'un ruled.

If the woman confirms her husband's death thirteen years ago, there is no 'iddah for her. However, if she does not confirm his death, he is considered missing.