Is there a legitimate (Sharia-compliant) solution to the problem of a woman whose husband traveled and neither provided for her nor contacted her, and the court rejects her divorce claim because a year has not passed since his absence, despite her suffering psychologically, socially, and religiously?
Islamic has encircled the family with a fence of instructions that preserve it. If a husband is absent from his wife, the matter does not go beyond two situations: 1. His whereabouts are known and he can be contacted: The woman cannot request a divorce unless proof is established against him for non-maintenance, or a prolonged absence that the wife does not consent to, or if she seeks separation for fear of temptation. 2. He is missing and there is no news of him: The preponderant opinion is that she waits four years. If this period expires, she observes the ' (waiting period) of death (four months and ten days), and then she may remarry.
The wife should refer her case to the judge. The husband should not delay his absence from his wife for more than six months except with her consent.
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