Married through the Internet and husband disappeared without notice
Fatwa No: 90788

Question

I'm married with a man through internet. Now he leaved me without any announce and doesn't response me. What can I do?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

We have already issued Fatwa 89838 clarifying the ruling on marriage through the Internet, and Fatwa 85892 on the gravity of looking for a spouse through the internet, so please refer to them.

Nonetheless, if the marriage contract which took place between you is valid and fulfilled all the conditions and pillars of a correct marriage, and your husband left you without any notice, as you mentioned in your question, then you are still considered his wife. It is your right that he should not be absent from you more than six months and he should spend on you. If you know where he is, you should remind him of these rights that he is obliged to fulfil, if he insists on not spending on you then it is permissible for you to take your matter to an Islamic court or any organization which can serve as an Islamic court, like Islamic centres and the like, provided that these organizations follow the methodology of the Salaf (i.e. the pious predecessors)  may  Allaah  have  mercy  upon  them in deducing and applying rulings, so that they would order your husband to spend on you or to divorce you. If he is absent from you more than six months and there is no news on him and no one Knows where he is, but it is generally believed that he is alive, then Imaam Abu Haneefah, Ahmad and the latter opinion of Shaafi'ee may  Allaah  have  mercy  upon  them are of the view that the ruling of a live person apply to him. So if you are harmed by his absence, it is your right to take the matter to a court to get divorce. However, if it is believed that he is dead, Imaam Ahmad and Shaafi'ee in his former opinion may  Allaah  have  mercy  upon  them are of the view that his wife should wait for him for four years after which it will be ruled that he is dead. She will subsequently observe a waiting period of four months and ten days and then she will be permitted to marry. This is how 'Umar  may  Allaah  be  pleased  with  him ruled as Imaam Ibn Hazm may  Allaah  have  mercy  upon  him stated. Likewise, 'Uthmaan, 'Ali, Ibn 'Abbaas, and other companions  may  Allaah  be  pleased  with  them ruled the same ruling, and it is the most preponderant opinion of the scholars may  Allaah  have  mercy  upon  him.

Therefore, if it is believed that your husband is dead, you may take your matter to the court and then wait for four years. At the end of this period, you will be obliged to observe a waiting period similar to the that of a widow, and then you may marry whomever you want.

Allaah Knows best.

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