Is the 'iddah observed by the wife for three menstrual cycles valid, based on a shaykh's fatwa that her husband's absence for more than a year and her fear of temptation for herself constitutes a divorce?

There is no fatwa that permits a wife to divorce merely because of the husband's absence. However, a man's absence from his wife falls into two categories:

1. Temporary Absence: If the husband's whereabouts are known and he can be contacted, his wife is not permitted to remarry. However, if she is harmed by his absence, she may request annulment of the marriage from the judge. 2. Missing Husband with No News: Most scholars hold that the wife waits four years from the time he went missing, then observes the waiting period (iddah) for death, and then she may remarry. This is what was narrated from Umar, Uthman, Ali, Ibn Umar, and Ibn Abbas, may Allah be pleased with them. Sufyan, the اصحاب الرأي (scholars of independent reasoning), and Al-Shafi'i in one of his two opinions disagreed with them, holding that the wife waits until she knows of the husband's death.

These cases must be referred to the Sharia court or a legitimate Islamic authority for consideration and decision.