What is the ruling of Sharia on a woman whose husband has been imprisoned for more than ten years and he refuses to divorce her?
If the husband is imprisoned, the wife has two situations: If he did not leave her with maintenance, she has the choice between separation from him or being patient with him. If he did leave her with maintenance, scholars differed on the permissibility of separation due to prolonged absence. The majority of scholars hold that the continuity of intercourse is a right for the husband only, and the wife's right is fulfilled by a single instance, unless the husband abstains from it to harm her. Whereas the Malikis believe that the continuity of intercourse is a right for both spouses, and therefore, any harm caused to the wife by the lack of intercourse permits her to bring the matter before the judiciary and request separation. This latter opinion is more likely to be correct because marriage was legislated for the benefit of both spouses.
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