What Is the Ruling If a Husband Has Been Absent for three Months Without Contact?
Answered by Mawlana Ilyas Patel
Question
I have been married for five years with two daughters. The husband moved out and has not contacted me for three months, with no intention of divorce. What is the waiting period, and what is the ruling in this case?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question. We are sad to hear about your situation.
You are still considered your husband’s wife, as he has not divorced you despite moving out of the house. However, your husband cannot keep you in a marriage where he provides no care and maintenance for you and your daughters.
If you wish to exit this marriage and your husband refuses to divorce you, you will have to apply for an annulment by a Sharia Body, ideally in your country or city.
Sharia Ways of Termination of a Marriage
Islamically, a marriage is terminated by actual divorce ( talaq), financial settlement in return for a divorce (khul’), and annulment in a court (faskh). If one of these takes place after that, the waiting period (idda) will start.
However, despite the husband moving out, it does not result in automatic divorce, even if you remain separated for many years. As mentioned by the jurists, the integral (rukn) of divorce is the specific statement.
[Ibn ’Abidin, Radd al-Muhtar]
I suggest you speak to reliable local scholars to help you with this.
Consult a Sharia Council
Consult and apply at your country’s recognized Sharia Body and Council. Depending on the situation, they will ask for the grounds and usually ask for witnesses or some other form of proof. Once khul ‘ takes place, it will count as one irrevocable divorce. You will then have a waiting period (idda) for three menses. See and read the links below.
Pray two rakats prayer of Need and pray to Allah for ease and guidance. Allah Most High destine what is good for you. Amin.
Related:
What Is the Process of Asking Khul‘ from Husband
The Right of Divorce
How Can a Woman Get an Islamic Divorce
Is ‘Idda Necessary If Someone Had No Physical Contact with Her Husband and Currently Going through Khul‘?
When Does One Start the Waiting Period (‘Idda) in a Khul’ or Faskh Case?
What are the rulings of the waiting period (‘idda)?
How Does One Perform The Prayer Of Need (Salat al-Haja)?
Khul‘ Archives
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
