Is a wife still legally bound to her husband after he has abandoned her for ten years, or is she considered divorced? If so, what procedures are available to her to request separation if the husband refuses?
A woman is advised to consult the authorities specialized in handling Muslim affairs. The marital bond ( عصمة زوجية ) originally remains intact unless a divorce occurs from the husband, or the judge, or an annulment. Mere separation or desertion does not end the marital bond. It is not permissible for the husband to be absent from his wife for more than six months except with her consent. If he is absent, he is sinful, and if he is absent for years, the matter is graver. Informing the husband's family of his death is a forbidden lie and a sin. Reconciliation between spouses is advised due to its goodness, especially with a daughter between them. If reconciliation is impossible, the matter should be referred to the specialized authorities. A woman is not allowed to seek divorce except for specific reasons. The husband has the right to see and meet his children.
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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