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The question

What is the ruling on a father abandoning his wife's home for two years because he refused his daughter's marriage, and does that count as a divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The absence of the husband does not effect a divorce, no matter how long the period. The wife who is harmed can take her case to court to seek a divorce. A husband abandoning his wife without cause is unlawful (), based on the saying of the Prophet, peace and blessings be upon him: "It is not permissible for a Muslim to abandon his brother for more than three nights." The marriage of a girl is not valid without a guardian (wali), and her father is the most rightful person for this. It is not permissible for her to marry without him unless he is unfit for guardianship or is preventing her (from marrying). If the closest guardian prevents her, the guardianship transfers to the next in line. If the further guardian prevents her, the judge will marry her off, based on the saying of the Prophet, peace and blessings be upon him: "If they dispute, then the ruler is the guardian of one who has no guardian."

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
99505
Imported
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Source text, unreviewed
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