Question
If a husband goes out for a year in the path of Allah but gets kidnapped and killed and the wife who is now widowed and her daughter is an orphan, gets married 3 years later to someone else and after 8 months of being married she gets pregnant and when she is 8 months pregnant her husband that was supposed to be dead comes back, is she divorced even though he did not give her the talaaq, or is she still married to him as he never gave her the talaaq and he didn't die so is that iddat period valid and is her marriage to her current husband valid and is her unborn daughter considered as an illegitimate child?
Answer
If the missing husband returns, the following rules are applicable:
1) The nikah with him (the first husband) remains valid. The nikah with the other man is nullified.
2) Since she is pregnant, her husband (that is, the first husband) may not come near to her. He has to wait until the Iddat expires with the delivery of the child.
3) The child will be legitimate and be related to the second husband.
It should be understood that if the woman had married without a decree of death having been issued by a competent Council of Ulama, then her „marriage‟ to the other man was not valid. She will still be in the Nikah of her missing husband.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 11
- PDF page
- 2
Verbatim verified against the source PDF
Appears under SIGNS OF ULAMA-E-SOO’. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.