What is the ruling regarding a husband remaining in an Arab country for ten years for work without visiting his wife, while sending a small monthly sum and contacting her periodically? And is the wife considered divorced in this case, bearing in mind that there are two daughters?

A husband's prolonged absence from his wife, when he is able to travel to her, is a violation of rights and contrary to living together in kindness. He is sinful for this. However, mere absence does not constitute divorce. A wife harmed by her husband's absence has the right to demand his return or a divorce. If he refuses, she should refer the matter to a judge to separate them. This is the predominant view of the Maliki school.

Scholars have differed on separation due to absence. The Hanafis, Shafi'is, and Hanbalis, in one view, hold that continuous sexual intercourse is a right solely for the husband. If the husband abstains from intercourse with his wife for a period, she does not have the right to seek separation unless he intends to harm her. In another view among the Hanbalis, the continuity of sexual intercourse is an obligation owed to the wife, so she has the right to seek separation if the husband is absent without an excuse. As for the Malikis, they believe that the continuity of sexual intercourse is an absolute right of the wife, so she has the right to seek separation if the husband is absent for a period, whether with or without an excuse.

Conditions for separation due to absence include: the absence being long (six months or more according to the Hanbalis, and a year or more according to the Malikis); the wife fearing harm to herself (falling into adultery); the absence being without an excuse (only according to the Hanbalis); and the judge writing to him to return, or to move her to his location, or to divorce her, and granting him a suitable period. The predominant view is that of the Maliki school.