What is the ruling on a wife who separated from her husband four years ago, and is neither divorced nor remarried, and refuses his request for divorce, hoping for his return? Is she considered sinful?
The Shari'ah has burdened the man with the responsibility of caring for the family and maintaining its guardianship (qawamah). His neglect of this role causes injustice to the wife and children and can lead to the collapse of the family. Satan seeks to exploit weaknesses. A husband might dislike his wife, in which case he is enjoined to either keep her honorably or release her kindly. If the woman chooses to stay, she may forgo some of her rights. Allah the Almighty says: (And if a woman fears from her husband defiance or desertion, there is no blame upon them if they make terms of settlement between them - and settlement is best. And souls have been inclined to [be affected by] greed. But if you do good and fear Allah - then indeed Allah is ever, with what you do, Acquainted) An-Nisa/128. It is not permissible for a man to abandon his wife for such a long period. She has the right to bring her case before the judge and request a divorce. If she chooses to be patient, there is no blame upon her, provided she does not expose herself to temptation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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