She has no right to get married until she passes the iddah...

She has no right to get married until she passes the iddah, which is four months and ten days, since the moment she knows of her husband’s death. And then she can get married according to the clear verse after passing the iddah and after the mourning that a wife has to show after the death of her husband. 35. Marrying a missing husband’s wife Ad-Dawaleebi said:[^1] “…also Umar has judged according to his own opinion concerning the wife of a missing husband.

He judged that a wife of a missing husband can get married after passing four years since the absence of the husband and after passing the iddah even if it had not been proved that her husband had died so that the wife would not remain in suspense forever.

So was the opinion of Malik bin Anass which was unlike the opinion of the Hanafites and the Shafiites who believed that a wife had to wait until she would become certain of her husband’s death because he would be considered as alive until a certain evidence on his death would appear. But the opinion of Umar was worthy of being regarded because it protected the wife of a missing husband from certain harms and dangers.

He permitted the wife of a missing husband to get married despite that this decision opposed the clear texts of the Sharia, on which the rest of jurisprudents depended. This was not but changing the verdicts according to the change of the conditions which must be regarded to avoid some harms. The Prophet (s) had said: “No harm (to be done against the others) and no reciprocal harm!” Allah had said: “and He has not laid upon you any hardship in religion.

Qur'an, 22:78” In doing so, Umar did not annul the legal texts but he activated them in the light of the benefit and according to the different circumstances…” As for the Shia, they have followed their infallible imams of Ahlul Bayt (s) in this matter. They have had fixed texts deciding according to the apparent principles. These texts say that when no information [^1] In his book Usool al-Fiqh, p.241.

(265) can be obtained about a missing husband, his wife, if there is someone spends on her, must wait until her husband comes or his death is proved or something like that. But if the wife has no one to spend on her, she can bring her case to the legal judge to decide.