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The question

How can a woman whose husband has been absent for a year and she has confirmed that he does not want her, and whose marriage to him was Islamically valid but not officially registered in France, get a divorce and observe the iddah (waiting period) so that her marriage to another man may be valid? And can the imam of the mosque divorce her if French law does not recognize this marriage, and what is the formula for divorce?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If the marriage contract is complete with its Shariah conditions, then it is valid, and its documentation in court is not a condition. If the wife is harmed by the absence of her husband due to lack of financial support or cohabitation, she may refer her case to the Muslim community or an Islamic center. If it is impossible to reach a judge, the Muslim community acts in his stead. Divorce is not decreed except after searching for the husband using available means and setting a time limit for him. If he does not appear, a divorce is decreed against him. If the term expires and the husband does not appear, the Muslim community or Islamic center undertakes her divorce, and then the wife observes her (waiting period). The wife's maintenance is obligatory upon her absent husband if his absence is after consummation or after she has enabled him to consummate. It is not permissible to resort to man-made courts except out of necessity when there is no Islamic alternative.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
105350
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy