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🚪 Divorce, ʿiddah & rujuk · #44

The husband has been missing for years with no word of where he is. How can the wife be freed?

The wife may apply for fasakh at the Syariah Court if the husband's whereabouts have been unknown for the period set by law, or apply for an order presuming his death.
Act 303, s.52 (and the equivalent section in state Enactments) lists the husband's absence with whereabouts unknown for more than one year as a ground for fasakh. Failure to provide maintenance for three months may also be used.
The wife must show efforts to find her husband, such as a police report and advertisements. After the fasakh is confirmed, the wife observes the ʿiddah before she may remarry. See fasakh.
Difference of madhhab. Maliki: the wife of a missing husband waits four years (the view of Umar). Shafi'i (qaul jadid): she waits until his death is certain; Malaysia uses the fasakh provisions.

Sources

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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