When she does so...

When she does so, the judge will begin to search for the missing husband for four years in the possible places, in which the husband can be found, otherwise he looks for him in everywhere since the moment when the wife offers her case before him. Then the judge divorces her or he orders her guardian (the one who is responsible for her) to decide.

It is necessary that the guardian may decide first but if he refuses to divorce her, then the judge is to divorce her but after passing the period of researching or after the return of the messengers who go to look for the missing husband or the like. After that the wife spends the period of the iddah of death which is four months and ten days and then she can get married.

If the missing husband comes back during her iddah, he will have the right to marry her again but if he comes back after the iddah, he will have no right to marry her whether he finds her married or not. This is the principle of the Shia on…