How can one obtain a divorce from an absent husband after a legitimate, undocumented marriage?
Marriage is valid even if it is not officially documented, but documentation is obligatory to safeguard rights. If the husband is absent for more than six months and the wife is harmed, she has the right to refer the matter to the Sharia judge to request a divorce. The lack of official documentation does not prevent this; rather, she first files a lawsuit to prove the marriage. If there is no Sharia court, she refers the matter to whoever is in charge of the community or the Islamic center. The judge does not divorce the absent husband unless he is contacted if his address is known, or an announcement is made about him, and a period is set. If the husband does not return, a divorce is granted on his behalf. It is stipulated that the absence must be prolonged (six months according to the Hanbalis and one year according to the Malikis), that the wife fears harm (fearing falling into adultery), and that the absence is without an excuse according to the Hanbalis (the Malikis do not stipulate this). The judge must also give the husband a grace period to return, relocate, or divorce, and if he does not respond, a divorce is granted on his behalf. The reference for this is the Sharia judge or whoever acts in his place.
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