The World Federation One Stop Fiqh

Ruling 2558

If a wife’s husband has disappeared and she wishes to marry another man, she must refer to a dutiful jurist (mujtahid).2 In certain circumstances which are mentioned Minhāj al‐Ṣāliḥīn,3 the jurist can divorce her.

2 A mujtahid is a person who has attained the level of ijtihād, qualifying him to be an authority in Islamic law. Ijtihād is the process of deriving Islamic laws from authentic sources.

3 This is al-Sayyid al-Sistani’s more detailed work on Islamic law.