What is the ruling on a woman whose husband has not returned and she does not know whether he was captured or killed? Does she observe the waiting period for death, or what does she do?

Al-Halabi : Regarding the woman whose news of her husband has been cut off, so she does not know whether he was killed or captured, what does she do? Does she observe the mourning period of four months and ten days for him, or what?

The Shaykh : No, she does not do anything. She must refer her case to the Shari'ah judge. The Shari'ah judge employs the means that naturally change with time and place in order to determine the life status of this husband, who is considered a missing person, to find out whether he is alive or dead. Undoubtedly, when the judge is truly a judge and has insight into the Shari'ah rulings, he sets a time limit. This time limit varies according to the country and according to the means available to investigate whether the missing person is alive or dead. He sets a time limit of one year, two years, less, or more, and so on. Once the decision is issued by the Shari'ah judge that this person is considered a missing person, then the waiting period begins.