What about the situation of a first marriage that was not documented in court, and the husband has been missing since 2012, and what is the legitimate ruling on accepting a marriage proposal from another man?
The fundamental principle is the persistence of the marriage, as per the jurisprudential rule: "Certainty is not removed by doubt." Accordingly, the marital bond remains and is not dissolved merely by the husband's absence. Rather, the wife remains under his marital authority until a judge decrees separation.
Therefore, the matter must be referred to a Sharia court, or its equivalent, to establish the marriage. It is not permissible for her to marry another man before a judgment of separation is issued and the waiting period (') has expired, based on His (Allah's) saying, the Most High: "And [also forbidden are] married women" [Quran 4:24].
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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