What is the ruling regarding the divorce of a girl who was legally contracted to marry but whose marriage was not documented, and who was then escorted to her husband, who has since been arrested and cannot be contacted, knowing that he has not yet consummated the marriage with her? And how is this divorce to be carried out?

1. If the marriage contract fulfills its legitimate conditions of a guardian, two witnesses, and the consent of both spouses, it is valid even if it is not officially documented.

2. A wife may seek divorce if her husband is imprisoned and she is harmed by the loss of conjugal relations or maintenance. This is the view of the Malikis and was chosen by Sheikh al-Islam Ibn Taymiyyah.

3. If the condition of the captive is unknown, he is treated as a missing person. The harmed wife may bring her case before the judge to seek annulment due to absence or disappearance. The judge will determine the waiting period based on the circumstances of the case, provided it is not less than one year and not more than four years.

4. The marriage not being documented does not prevent seeking annulment. The wife must first prove the marriage to the judge, and then she can request annulment.