Is it permissible to marry a woman whose husband has been imprisoned for more than a year and is presumed to have been executed? And is it permissible to inform her of the intention to marry her so that she may seek a divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The basic principle is that a woman’s husband is alive until proven otherwise, and she is not permitted to marry another man as long as she is married, based on the Almighty’s saying: "And all married women." (Quran 4:24). Her strong presumption that her husband has died holds no weight. This woman must be avoided, and it is not permissible to suggest that she go to court, as that involves a kind of corrupting her relationship with her husband. However, if she herself chooses to go to court to remove the harm from herself, she may do so, so that the judge can examine the matter.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/145366
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- Ftawy
- Original fatwa ID
- 145366
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- . 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.
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- Read the full answer on Ftawy