Can a woman who is married by a Sharia-compliant contract, but which is not documented in court, end her marriage due to her husband's absence for more than a year and a half without contact or financial support, knowing his whereabouts and his refusal to respond, and is it permissible to request a divorce from him over the phone?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A wife cannot terminate the marriage contract unless her husband divorces her, or she seeks khul' (divorce at the wife's instance), or by a ruling of divorce from the judge in certain cases. If a woman wishes to separate from her husband, she requests divorce or khul', and this is valid through verbal or written declaration without the need for a court. However, if the husband refuses or the wife is unable to contact him, the way forward is to present the matter to the Sharia court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/133123
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 133123
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy