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The question

Is a woman considered Islamically divorced if she separated from her husband after ten years of marital suffering, with no financial support for her or her children for the past four months, and a cessation of the marital relationship, despite the absence of a sharia-compliant divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Allah commanded the husband to treat his wife kindly, and this includes speaking kindly, not abandoning her except when permissible, and fulfilling her rights. This is based on the Almighty's saying: "And live with them honorably," and the Prophet's (peace be upon him) saying: "You feed her when you eat, clothe her when you clothe yourself, do not strike the face, do not revile, and do not abandon her except within the house."

The wife, for her part, must strive to maintain the relationship and interact well, based on the Prophet's (peace be upon him) saying: "If I were to command anyone to prostrate to another, I would have commanded the woman to prostrate to her husband."

The husband is obligated to provide for his obedient wife and his minor children, and withholding this is a grave sin, based on the Prophet's (peace be upon him) saying: "It is enough sin for a man to neglect those he is responsible for."

The marital relationship continues until a divorce occurs, or a khul' (dissolution of marriage initiated by the wife), or a judicial separation. Thus, a wife remains under the man's marital bond even if he is absent for four months or more. She has the right to refer her case to the courts to compel him to fulfill her rights or to separate them.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
48398
Imported
Translation status
Source text, unreviewed
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