A woman whose husband was missing and who married before the waiting period for his disappearance was completed, then it was revealed that he had died before she married: what is the ruling?

The questioner : This woman’s husband was missing. When a husband is missing, a known period is set for him until a ruling of his death is issued. This woman married before the period was completed, and then it was revealed that he had died before she married.

The Shaykh : Now, we set a period of four years for this missing person. We said that if four years pass and no news arrives, he is dead. This woman married after two years had passed. Since the period had not yet been completed, it was not permissible for her to marry. Then it was revealed that her husband had died one year after he went missing, meaning before she married. Therefore, the marriage is now valid, because she was a woman who had no husband at the time. However, its validity is doubtful.

The questioner : Our Shaykh, and she returned.

The Shaykh : She is given the choice.

The questioner : Which one is to be executed? Does the marriage require a firm intention? Certainly.

The Shaykh : Yes, there are two opinions, because it was revealed that this woman’s husband had died before she married. The marriage took place in a state where it was permissible for her to marry. Therefore, there are two views among the scholars, and this is based on whether the criterion is what is the case in reality or what is the belief of the person obligated, and this has been discussed previously in the questions before this one.