The ruling on a man who is lost and then returns after his wife has married another
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Question:
The first message in this episode is from one of our brother listeners, (S. H.). Our brother sent a message saying: A man disappeared for one reason or another for a period of eight years, until nothing was known about him. His wife requested a divorce, and she obtained it, then she married. After that, the missing husband suddenly appeared, and it became clear from his statement that he had been a prisoner. Can he claim to have her returned to his custody? And does she have a say in choosing between the two husbands? We ask for clarification. May Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows.
This issue and its like are resolved only through the court. If he has a desire for her, he returns to the court, and the court looks into the matter. Yes.
The presenter : For the listener's culture and awareness of such matters, what do you say?
The Shaykh : I say that in such a case, if it happens, the person in need contacts the Shari'ah judge, asks him, and informs him of the reality. The judge looks into the matter. The scholars have decided on this issue and explained the man's situation: whether he has the right to return to her or not. They distinguished between the case before consummation and the case after consummation.
So the result is: it requires consideration. The reality and the details of the reality must be established. Yes.
The presenter : So the case in this message is not clear?
The Shaykh : Yes, its solution is not possible except through the courts. They look at the reality with insight. Yes.
The presenter : May Allah bless you. If the reality were clear, an answer would be possible.
The Shaykh : Yes, it would be facilitated. Yes.
The presenter : May Allah reward you with good.
The first message in this episode is from one of our brother listeners, (S. H.). Our brother sent a message saying: A man disappeared for one reason or another for a period of eight years, until nothing was known about him. His wife requested a divorce, and she obtained it, then she married. After that, the missing husband suddenly appeared, and it became clear from his statement that he had been a prisoner. Can he claim to have her returned to his custody? And does she have a say in choosing between the two husbands? We ask for clarification. May Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows.
This issue and its like are resolved only through the court. If he has a desire for her, he returns to the court, and the court looks into the matter. Yes.
The presenter : For the listener's culture and awareness of such matters, what do you say?
The Shaykh : I say that in such a case, if it happens, the person in need contacts the Shari'ah judge, asks him, and informs him of the reality. The judge looks into the matter. The scholars have decided on this issue and explained the man's situation: whether he has the right to return to her or not. They distinguished between the case before consummation and the case after consummation.
So the result is: it requires consideration. The reality and the details of the reality must be established. Yes.
The presenter : So the case in this message is not clear?
The Shaykh : Yes, its solution is not possible except through the courts. They look at the reality with insight. Yes.
The presenter : May Allah bless you. If the reality were clear, an answer would be possible.
The Shaykh : Yes, it would be facilitated. Yes.
The presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.