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13 / 06 / 2026
The Ruling on the Return of the Missing Husband After His Wife Marries Another
A woman was left by her husband who traveled and lost contact. After a long time, she married another man and gave birth to a child. Then the first husband returned. What is the ruling on the second marriage contract in the case of the return of the first husband after a long absence and the birth of a child from the second husband according to the Hanafi school? To whom does this child belong from the two husbands, and is the one who has been absent considered deceased in the eyes of his peers?
Answer
I say, and with God's help: The fatwa permits the judge to annul the marriage after the husband has been absent for four years, and the woman has the right to marry afterward, making her contract with the second husband valid, and the fatwa states that the child will be attributed to the second husband. And God knows best.
