Is it permissible for this sister to divorce herself by a fatwa from a shaykh or a sharia officiant, based on the harm inflicted upon her due to her husband's imprisonment, his lying, and his falsification of his identity, without awaiting a court ruling which may take years? And is the waiting period (iddah) obligatory upon her in this case, considering the absence of marital intimacy with him throughout his imprisonment?
The fact that the questioner's husband concealed his previous marriage from her or gave her a name other than his real name does not, by itself, justify her requesting a divorce, nor does it affect the validity of the marriage contract.
It is advisable for the wife to communicate with her husband and request a divorce, explaining her need for it. If he divorces her, the divorce can then be documented. In this case, she must observe the waiting period (iddah) of three menstrual cycles.
As for the husband being imprisoned, this falls under the issue of seeking separation due to the husband's imprisonment, which is a matter of differing opinions among jurists:
The majority (Hanafis, Shafi'is, and Hanbalis): Separation from an imprisoned husband is not permissible under any circumstances. The Hanbalis consider his absence to be for a valid excuse. The Malikis: Separation from an imprisoned husband is permissible if his wife requests it and claims harm, and after one year of his imprisonment, because imprisonment is considered a form of absence.
A ruling of separation cannot be issued except by referring to the Sharia courts in the wife's country.
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