A woman who has lost her husband: Is it permissible for her to marry another after him?

The questioner : A man who is traveling has gone missing, and it is not known whether he is dead or alive. Is his wife entitled to marry another after the waiting period and with the judge's permission? What should she do? Should she wait for him?

The Shaykh : No, she should proceed by bringing her case to the Shari'ah judge. The Shari'ah judge employs the available means in every era, and there are many in this era for inquiring about the man. Once the waiting period for death, which is four months and ten days, has elapsed, this judge announces to this absent man through every lawful and possible means that if you are still alive, we are granting you a grace period of, for example, one year or two years. This is subject to the judge's discretion. If the year, the two years, or the period determined by the judge has elapsed, she becomes free and may marry another. That is how it is.

The questioner : ... in a newspaper.

The Shaykh : I am telling you, a newspaper, a radio broadcast, anything.

The questioner : She said, what if her husband returns after the judge has ruled on that?

The Shaykh : That is it.

The questioner : May Allah reward you with good.

The Shaykh : And beware of that.