Is a wife considered divorced if her husband abandoned her for five years and refused to divorce her, telling her: "You have the courts," or is a judge's ruling of divorce necessary? And what is the ruling of Islamic law regarding the spouses in this situation?

A husband's abstinence from conjugal relations with his wife does not constitute divorce. Divorce occurs when the husband pronounces it or when a final judgment is issued by a judge. If a husband neglects conjugal relations with his wife without a valid excuse, he is sinful and unjust, because it is the wife's right for her husband to fulfill her need for chastity according to his ability and her necessity. Ibn Taymiyyah said: "It is obligatory for a man to have sexual intercourse with his wife in a reasonable manner, and this is one of her most emphasized rights upon him." It is also obligatory for the husband to seek treatment if he has an ailment that prevents him from intercourse. If the husband does not fulfill his wife's need for chastity, she has the right to request a divorce or khul'.