Declaring a Missing Wife Dead, and Marrying Her Sister

Question

A man's wife lost her sanity some seven or eight years ago. Ten months ago she left home. For two weeks after she left, some news of her kept coming — that yesterday she was here, today she was there — but despite searching she could not be found anywhere. Since then she has gone completely missing; it is not known whether she is alive or dead. The person who gave news of her at first says that she was ill and in a critical condition. Now her husband wishes to marry her sister.

Answer

If there is no verified knowledge of her death or life, she will not yet be regarded as dead. He should divorce her, then, after waiting for an 'idda of three menstrual periods, marry her sister. Waiting for the length of time in which she used to have three menstruations is sufficient.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.