Does the husband's abandonment of his wife for nine months, without her knowing his whereabouts, justify her request for divorce (talaq) and annulment (khulʿ)? And must the woman observe the waiting period (ʿiddah) in this case?
If a woman has no news of her missing husband, then the estimation of the waiting period she observes until his death is legally declared is left to the discretion of the judge, based on the circumstances and evidence. After that, she observes the 'iddah (waiting period) of death, and then she becomes permissible for marriage. However, if she knows his whereabouts and he has abandoned her, she should refer the matter to the ruler (judge) to compel him to return to her. If he refuses, the ruler (judge) can divorce her from him or annul the marriage.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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