Short answer
She remains his wife until a Muslim judge or recognised sharia council rules on her case. Following the fatwa adopted by later Hanafi scholars, the judge investigates, sets a waiting period, then declares the husband dead; she then keeps the widow's iddah of four months and ten days and may remarry. She should not decide this alone.
In the original Hanafi position a missing husband (mafqud) is presumed alive until his peers would have died. Because of the hardship this caused, Hanafi scholars of the subcontinent, notably in al-Hila al-Najiza, gave the fatwa on the Maliki view: after a case to a Muslim judge and a search, she waits four years from the judge's order, then he is judged dead, and she keeps the widow's iddah.
Other madhhabs
- Maliki
- The wife of a missing man may go to the judge, wait four years after he is searched for, then keep the widow's iddah and remarry, following Umar's ruling.
- Hanbali
- If he went missing in circumstances that usually mean death (war, shipwreck), she waits four years and then the iddah of death; if he went missing in safe circumstances, she waits much longer, until his death is established or presumed.
Explanation
Wives of men lost in war, disasters, detention or who simply disappeared face a painful limbo. They are not widows, not divorced, and cannot move on. Islam does not leave them stranded forever.
Why a judge is needed. Declaring someone dead affects his marriage, his property and his heirs, so it cannot be decided by the wife or her family alone. It needs a Muslim judge (qadi), or in the West a recognised sharia council acting in that role.
The process, as Hanafi muftis apply it today:
- The wife brings her case, with evidence that he is missing and the efforts made to find him.
- The judge orders a further search and sets a waiting period. The classical Maliki period, from a ruling of Umar, is four years; scholars have discussed a shorter period in cases of hardship, such as no support or fear of sin, and that is for the judge to decide.
- At the end, the judge rules him dead. From that ruling she keeps the widow's iddah of four months and ten days, then she may remarry.
- His property is divided among his heirs only once he is judged dead.
If a husband is missing but known to be alive (for example in prison) and not supporting her, that is a different case: the judge can dissolve the marriage for lack of maintenance or harm. If a body is later found or death is proven, the iddah runs from the date of death. Every case is different, so please take it to a mufti and a sharia council near you, and see what iddah is.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah Al-Baqara 2:234
وَٱلَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَٰجًۭا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍۢ وَعَشْرًۭا ۖ فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلَا جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِىٓ أَنفُسِهِنَّ بِٱلْمَعْرُوفِ ۗ وَٱللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌۭ ﴿٢٣٤﴾
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]. And when they have fulfilled their term, then there is no blame upon you for what they do with themselves in an acceptable manner. And Allah is [fully] Acquainted with what you do.
Once the husband is judged dead, the widow's iddah applies.
Muwatta Malik 1209
Graded in the Muwatta... فإنها تنتظر أربع سنين ثم تعتد أربعة أشهر وعشرا ...
"She waits four years, then keeps an iddah of four months and ten days."
Umar's ruling, which the Maliki school and later Hanafi fatwa follow.
Where the ruling is recorded
- al-Hidaya, Kitab al-Mafqud. The original Hanafi position on the missing person.
- Radd al-Muhtar (Ibn Abidin), Kitab al-Mafqud. Permission to follow the Maliki view in cases of necessity.
- Mukhtasar Khalil with al-Sharh al-Kabir, Bab al-'Iddah, the wife of the missing man. The four-year wait after going to the judge.
- al-Hila al-Najiza (Mawlana Ashraf Ali Thanawi), Chapter on the wife of the missing husband (mafqud). The later Hanafi fatwa adopting the Maliki procedure: a case before a Muslim judge, a four-year wait, a ruling of death, then the widow's iddah.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.