Re: death and marriage
^ In certain schools the marriage can be terminated if it is not consumated within 4-6 months - the girl can go to a Qadi and have it set aside, whether the guy is alive or dead, because he is not fulfilling her rights.
Re: death and marriage
ofcourse woman can get divorce on any basis at any time.. its NOT conditioned to the 4-6month period or even to the husband's presence or absence in this regard.
A woman who thinks she is widowed remarries and then find out her husband is alive
I was wondering the same thing after watching Tum Kahan Ham Kahan, in that they decide that Shari'ah says her first marriage has become void, it would be interesting to see what Shari'ah says, please back your views with Qur'aan and Sunnah.
Re: A woman who thinks she is widowed remarries and then find out her husband is aliv
death and marriage thread
Re: Woman remarrying while under the impression that 1st husband has passed away (merged)
Love and Marriage, love and marriage
Together like a horse and carriage…
“Married with Children”
Re: Woman remarrying while under the impression that 1st husband has passed away (merged)
Many many years ago, I had read that a woman can get the marriage dissolved if husband is missing for 7 years. Not sure where that 7 years came from (it was a highly publicized case in Pakistan of a TV actress whose husband had gone missing some where in the world). But I'd be very surprised, if the woman goes to the trouble of getting her marriage dissolved and remarry (possibly kids) and as soon as the first husband shows up, every thing rewinds and he is back as the legitimate husband.
Re: Woman remarrying while under the impression that 1st husband has passed away (merged)
its interesting how there is so much "confusion" over the staus of a marriage if the husband is missing and if the wife can re-marry or not....
but say the situation is reversed...
what if the wife is missing or assumed dead for X years.... the status of her and the husband's marriage wouldn't change if the husband re-marrried, would it... ? both her and the other woman's marriage would still be considered valid.
a bit of a double standard don't u think...?
Re: Woman remarrying while under the impression that 1st husband has passed away (merged)
yeah it is, but a man is allowed more than one wife at a time
a woman is not as this results in confusion over paternity of children etc
Re: Woman remarrying while under the impression that 1st husband has passed away (merged)
The question is not whether when somebody simply goes missing can his wife remarry or not.
The situation sidz and I are asking about is when there is proof that the first husband has died and everyone knows or think they know he has died for sure.
In the drama serial sidz is asking about what happens is, Humayun Saeed gives his scarf and jacket to his friend who is feeling cold and then somehow they both drown, Humayum Saeed is rescued by some villagers in the wilderness and they keep him in their village for a long period of time and tend to him whilst he is unconscious, meanwhile his friend dies and his corpse is found, Humayun Saeed’s family think it’s his corpse because it is wearing the jacket and scarf which Humayun Saeed had lent him, so his wife mourns and does her Iddat and then their families decide it is better if she remarries as it will help her get over the grief, so she marries her aunt’s son Faisal Qureshi but then her first husband Humayun Saeed returns a few days later, the girls parents take her home because they don’t know what the Shari’ah and the law of the land have to say so they contact Qaisar Khan, who after doing research comes to the conclusion that according to Shari’ah her first marriage is annulled and her second marriage still stands so she is to go back to her second husband Faisal Qureshi.
Now what I would like to know is was Qaiser Khan’s Fatwa Islamically valid ?
Re: Woman remarrying while under the impression that 1st husband has passed away (merged)
wow good summary faruk
yeh that's what i wanna kno too
Re: Woman remarrying while under the impression that 1st husband has passed away (merged)
SIDZ 
I cant believ it… u 4m bham me 2, u hav ur nick wiv angel in it me 2.. U go bham Uni same too, u watch tum kahan hum kahan … 
me too!!! ab pata nahi aage jaa ke kya nikle!
Re: Woman remarrying while under the impression that 1st husband has passed away (merged)
aage jaa ker bohot kuch nikl sakta ahi
dekhte hain keh kyia 
Re: Woman remarrying while under the impression that 1st husband has passed away (merged)
Assalam o Alaikum
Ruling of Indian uleme in this regard is according to maliki Fiqh i-e approx 4 years ( conditins apply)
Detail can be found in Moulana Ashraf ali thanvi's book * al heela tun najizah..*
Re: Woman remarrying while under the impression that 1st husband has passed away (merged)
Same kinda case happend in india 6 months back.....even though that lady was 8 months pregnant with her second husband...they asked her to leave her second husband and go back to her first husband..which was so stupid!!!