What is the ruling if a man deserts his wife for five continuous months?
It is not permissible for a man to abandon his wife for more than four months, unless she is rebellious (nashiz), as Allah Almighty says: ﴿As for those from whom you fear defiance, admonish them, and abandon them in their beds, and strike them.﴾ (An-Nisa, 34). However, if she is not rebellious, it is not permissible to abandon her, because he is obligated to keep her chaste. Whoever abandons his non-rebellious wife for four months or more is considered to be in the legal position of an īlā’ vow (one who swears not to have sexual relations with his wife); he is ordered to either have intercourse or divorce. If he refuses, the judge divorces her on his behalf. If the husband is traveling and has been absent from his wife for a long period, the wife may raise her case to the judge, who will correspond with the husband and compel him to return. If he does not return, the judge will rule as he deems fit, either with a divorce or an annulment.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 7765
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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