What is the status of a marriage in which the spouses have been abandoned for five years, and the husband refuses divorce? And does the marriage end after this period?
The bond between spouses is strong and well-established, for Allah has called it a solemn covenant. Therefore, it should not be violated, and anything that weakens it is abhorrent to Islam. Spouses must strive to maintain the continuity of marital life and fulfill their due rights. If a dispute reaches a dead end, the aggrieved party has a legal right to alleviate their distress and remove the harm. If the harm is from the wife, the husband may seek khul'. If the harm is from the husband, the wife may refer her case to the judge to remove the harm, either by deterring him or by divorcing her against his will. It is not permissible for a woman to remain in suspension, based on the Almighty's saying: (Then [there can be either] retention with a kindness or dismissal with good treatment) and His saying: (And do not retain them in order to harm them so that you transgress), and based on the Prophet's (peace be upon him) saying: "There should be no harm nor reciprocating harm." However, if the husband does not divorce and the judge does not rule for divorce, the marital relationship remains in effect.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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