i was watching Tum Kahaan Hum kahaan on Geo last nite and the question that came up in our house is where does the 1st husband stand in regards to shariyat after he is declared dead and his wife has remarried and he then comes back?
it is a hard thing to decide on and i just wanted to have an idea of where soeone in that position would stand?
i do know that in regards to divorce 1 couple can divorce
the wife remarries and if there is a divorce in this marriage also
she can remarry her 1st husband
but this can not happen if the entire intention of the 2nd mariage is to allow the 1st couple to remarry.
I don't think women can remarry before husband's are confirmed dead (lol). Also, (I think) there is a rule that wife must wait some period before she can remarry after husband's death, (possibly to allow for a return?) It's all filmy situation and doesnt happen in real. If it did happen, I think then it would mean the death-forced divorce never happened, and so the second marriage would have to be dissolved since women can't marry when married.
but wudnt this kind of situation have come up especially when men went to war?
and after the bereavement time the woman remarries then lo here's hubby no 1 back!
If the man is presumed dead and no one has heard from him for an extended period of time, some say even 6 months, she can go to a Qazi and have the marriage set aside. She then has to wait her iddah and can remarry.
nothing.. her first marriage was voided by the Qazi since no one had heard from him .. and now the woman is no longer her wife.. so to me its very clear .. agay Allah knows better..
ok so that means she has to go back to her 1st hubby?
i knew there was a shariatan clause for this specially cos of men having to go to war in the old days
One of maulanas, I think Jang also had that issue discussed in Religion, if a guy remains missing for about 4 years without any info/communication he is considered dead and wife remarries, "talaq" remains effective even if the guy comes back. This is what I remember from that discussion.
as far as i know, woman can call off her marriage through court if her husband is missing for certain period of time and his return is doubtful. after getting divorce from court, she has to fulfill the Iddat period. woman can't simply marry to someone else when she is Uncertain about the life (or return) of her present husband
Isn't annullment of marriage justified if there is no sexual relationship between the couple for at least 4 months? If this is true, then the marriage is annulled after 4 months of not hearing from the husband.
^ no, there is no such thing....
Umar (ra) made a rule that no one is to stay away from home for 6 months (4 months stay and 2 months for the journey) when some women complaied to him that their husbands serving in the army had been away from quite some time....
so to resolve the issue, he put this 6 months limit for soldiers and even other people who had to travel (for trade etc), but marriage is not terminated if someone stays away longer....
some of the poor workers working in the gulf states dont go back to their wives for years....
even if they wished to go, their financial conditions wud not allow them this luxury....
they wud all be in big trouble if such rules existed....
