A woman whose husband left her in a state of suspension for six years filed a lawsuit in court for divorce, so the husband appointed his father to handle the divorce, and a divorce ruling was issued. Is this considered...

The questioner : She says: She was a married woman who bore a son and a daughter from her husband within three years. After that, a misunderstanding arose between them, and disputes broke out. He boycotted her, and she separated from him without a divorce. She remained for six years without him divorcing her, so she filed a lawsuit against him in court seeking divorce. He did not attend, but he appointed his father. In fact, his father attended, and a ruling was issued in her favor for separation between them. So she asks first: Is this considered a Shari'ah divorce in this form, and does the waiting period begin from the date the ruling was issued, or what? What is the Shari'ah ruling regarding this husband's conduct toward her, and is he obligated to provide her with financial maintenance during that period in which he left her in suspension?

The Shaykh : What took place in the court is not considered a divorce, but rather a dissolution of the marriage, unless it was issued by the judge using the wording of divorce and he considered it a divorce; in that case, it is a divorce, and the waiting period is ruled to begin from the issuance of the ruling, meaning from the date the ruling was issued, not from when she learned of it, meaning her knowledge of this separation. As for the obligation of financial maintenance upon him during the period of her suspension, this does not return to us, but rather it returns to the court. If the court wishes to demand it from him, then the court is the one that separates between them. And if he left it, there is no blame on her, because the matter returns to her. Yes.