What is the ruling regarding a husband who abandons his wife and infant daughter for two years without providing maintenance or divorce, and slanders her, even though the wife committed no error, and his marriage was for personal gain?
The husband must fulfill all of his wife's rights, as Allah Almighty says: "And live with them honorably," and His saying: "And due to them is similar to what is due from them, in a just manner." If the husband refuses to provide for and cohabit with her, the wife may seek a divorce. If he refuses, she can raise her case to the judiciary, which will compel him to provide for her and cohabit, or divorce her. The husband is obligated to provide for his wife and his infant daughter for the period of abandonment. Islamic law does not oblige the wife to live with him in such a condition, based on the Prophet's (peace and blessings be upon him) saying: "There should be neither harm nor reciprocal harm."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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