Question & Answer
Issue Of remarrying of kashmari HALF-WIDOWS?

Dear sir, I want to know how much time has a women to wait to remarry, if her husband goes missing. Since you might be awear of the fact that there are more than 1500 half widows in Kashmir, whose husbands were arrested by Indian forces and subjected to enforced disappearances, and are still untraced.

Answer:



بسم الله الرحمن الرحيم

We begin with Allah’s blessed name, we praise him and we glorify him, seek his forgiveness and ask him to guide us. Whoever Allah guides, None can lead astray and whoever he misguides, None can guide. There is no power and no strength except from Allah, The most high, the Most great, the most powerful. We bear witness that there is no one worthy of worship but Allah Alone, and we bear witness that Prophet Muhammad (pbuh) is His slave-servant and the seal of His Messengers. We pray for peace and blessings on all the noble messengers and in particular on the last of them all “the blessed prophet Mohammad (pbuh)”

"half-widow", a term given to the kashmari women whose husbands have completely disappeared during the ongoing conflict in Kashmir and are still missing.

Indeed There are thousands of women in Kashmir whose husbands got disappeared by Indian forces and these women's where unable to trace their husbands till this date, so they were called "half-widow" meaning in between married and widow (wives who had no way of knowing whether their husbands were dead or alive).

The ruling for the wife of a missing or disappeared person, who disappears in a way that there is no trace or news about him or there is no proof of him being dead or alive is.

1) Hanfi school of thought: she must wait until the period where people of his age have passed away. This is estimated at when he reaches around 90 years of age. Ie a wife should wait for 90 years. after which she will be free to remarry by observing the waiting period (idda).

2) Maliki school of thought: The wife of a missing person will wait for four years and then observe the Idda of four months and ten days. After, which she will be free to remarry?

The great Maliki jurist, Imam al-Dasouqi (Allah have mercy on him) states: “The missing person will be given a period of four years to return (by the courts) if he left her maintenance. However, if did not leave any wealth, then she will be able to demand for separation instantly on the basis of not receiving her financial support. (Hashiya al-Dasouqi, 2/479)

In Kashmir a group of religious scholars on 26 December 2013 reached a consensus, saying half-widows can re-marry after a waiting period of four years.

The scholars from different schools of thought, representing various institutions and organizations, issued a joint statement saying that any half widow who intends to re-marry can do so after four years (as per conditions laid down by Hazrat Imam Malik RA).

Those who attended the meeting presented papers and later signed the joint statement included Moulana Showkat Hussain Keng (Patron Anjuman e Himayatul Islam), Mufti Mohammad Yaqoob (Jamiat e Ahla Hadees J & K), Mohammad Manzoor Raza (Karwan e Islami J & K), Mujahid Shabir Ahmad Falahi (Jamat e Islami J&K), Mohammad Saeed ur Rehman Shams (Anjuman e Nusratul Islam J&K), Moulana Hakim Sajjad Hussain (Ahle Bait Foundation J & K) and Mufti Mohammad Ishaq Nazki (Darul Uloom Raheemiya Bandipora). And Allah alone knows the best.

I ask Allah to make this a sincere effort, seeking his pleasure, and I ask him to grant us refuge in him from the evils within ourselves, and that in our deeds. I ask him to grant us success in achieving whatever pleases him; And May Allah Shower His blessings and mercy upon our beloved Prophet Muhammad (pbuh), his family and his Companions and on all those who follow him until the final hour.

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