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The question

Is this woman still legally his wife, and is the husband's action considered Islamically permissible, given that she remains under his marital bond without an Islamic divorce despite their separation for more than two years and both of them seeking an administrative divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

A man's separation from his wife for two years is not permissible. Rather, the prescribed course of action is to attempt reconciliation, in accordance with the verse: "As for those [wives] from whom you fear defiance, [first] advise them; then if they persist, forsake them in bed; and [finally], strike them. But if they obey you [once more], seek no means against them. Indeed, Allah is ever Exalted and Grand. And if you fear a breach between them, appoint an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause agreement between them. Indeed, Allah is ever Knowing and Acquainted [with all things]."

If attempts at reconciliation fail and the husband desires divorce, he must divorce her when she is pure and he has not had intercourse with her, and she must remain in his house until her waiting period (iddah) ends. Allah Almighty says: "O Prophet, when you [men] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not expel them from their houses, nor should they leave [on their own] unless they commit a clear immorality. And those are the limits of Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about thereafter some [new] matter."

Merely filing for divorce does not constitute a divorce; she is still his wife. The wife's remaining with him without a documented marriage contract after the issuance of an invalid divorce document is religiously permissible, as long as he has not pronounced a divorce or written it with the intention of its meaning. It is preferable to document the marriage.

The act of abandonment is not permissible. There is no harm in seeking a divorce document for the purpose of marrying another woman, or giving the wife the choice between finalizing the divorce or remaining without a documented contract. We advise returning to Muslim lands.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
91028
Imported
Translation status
Source text, unreviewed
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