The Marriage of the Wife after the Husband's Long AbsenceComparative Jurisprudence Study

Abstract

This research aims to study the rule of the missing person from the point of view of his wife, explaining the concept, the time required to pass judgment for his loss, and the opinions of the jurists in the ruling on the wife’s request to separate after the husband's long absence. The study will also mention the opinion of the Syrian law on this matter. The research concluded that the Syrian law had applied the Malikite opinion; hence, the wife has the right to request separation after a year of the husband's absence. However, if the missing person is alive, he would not have the right to return his wife if the second marriage occurred after the judge’s ruling and the waiting period.