Is a wife considered Islamically divorced after her husband abandons her for nine months without providing for her or having a valid reason? Is she entitled to her advance and deferred dower? And do the rulings no longer apply to a deaf-mute husband, especially since his father provides for him?
Firstly: It is not permissible for a husband to abandon his wife without a legitimate reason. He must satisfy her and engage in intercourse with her according to her need and his ability. Sheikh al-Islam Ibn Taymiyyah held that the obligatory intercourse should be according to the wife's need and the husband's ability. If a man refrains from intercourse with his non-rebellious wife for four months, he is considered like one who has sworn an oath of abstinence (mu'li), and he is then ordered to either engage in intercourse or divorce.
Secondly: A husband abandoning his wife is not considered a divorce. A woman is not divorced except by the husband's pronouncement of divorce or by a judge's ruling.
Thirdly: It is permissible for a woman whose husband abandons her without a legitimate reason to seek divorce, because the "hardship" (al-ba's) mentioned in the noble Hadith ("Any woman who seeks divorce from her husband without hardship, the scent of Paradise will be forbidden to her") refers to severe difficulty and a compelling reason for divorce.
Fourthly: The deaf and mute are obligated by religious law, and they must be taught the rulings of Sharia through signs or writing. Their marriage and divorce are valid. They must fear Allah to the best of their ability by performing obligations and refraining from prohibitions, and they should seek understanding in religion according to their capacity.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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