Back to search

What is the Sharia ruling regarding a wife who left the marital home and disappeared for more than three years without a divorce? And is her statement correct that not being married for three months is considered a divorce? And is a new contract required to bring her back in a civil and documented marriage?

1 min readAlso available in العربية

1. The husband's failure to engage in sexual intercourse with his wife is not considered a divorce, and their marital relationship remains valid. The husband does not need anything to prove this.

2. A civil marriage is valid if it meets the conditions of marriage according to Islamic law, such as the presence of a guardian (wali) and two Muslim witnesses, or the public announcement of the marriage.

3. If the marriage was valid or invalid (without a guardian), it is not permissible for the wife to marry another man except after a divorce or khul'. Her marriage otherwise is void and considered adultery if she knows it is forbidden. In this case, they must be separated, and she must observe the waiting period (iddah) from the first husband. Then she can either return to him or be divorced from him and observe the waiting period, after which she may marry the second man.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy