Is the wife considered divorced if the period of absence is prolonged?
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Fatwa number ( 9822 )
Q: We are Egyptian workers in the Iraqi Republic who came here for a lawful livelihood, to raise our children with an Islamic upbringing, and to meet all their needs for food, clothing, and shelter, as well as for the wife whom we leave with them to supervise their upbringing and spend on them from the money we send her. However, we are in confusion and regret due to the long period of separation from the wife, which reaches two years or more, for the sake of the children and the wife. 1 - Is abandoning the wife for this long period lawful or forbidden? 2 - What is the legal period according to Islamic Sharia for abandoning the wife?
3 - Is the wife considered divorced during this period, and does the contract need to be renewed upon his return, or not? And what is the ruling of Islam and what is prescribed regarding this long abandonment? 4 - What is the maximum period, even if the wife desires and agrees to his travel abroad?
A: First: If she is satisfied with your absence from her for that period, there is no blame or sin on you. If she is not satisfied, then your abandoning her for that period is forbidden. Second: The period during which it is permissible to be absent from the wife is four months, and it is called: the period of ila'. What exceeds that, being absent from her is forbidden except with her consent. Third: The wife is not considered divorced during this period, and there is no need for a new contract upon his return to her. Fourth: If the wife desires his travel and agrees to it, there is no limit to the period. If she does not agree to his travel and his absence from her, he may travel away from her for four months. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We are Egyptian workers in the Iraqi Republic who came here for a lawful livelihood, to raise our children with an Islamic upbringing, and to meet all their needs for food, clothing, and shelter, as well as for the wife whom we leave with them to supervise their upbringing and spend on them from the money we send her. However, we are in confusion and regret due to the long period of separation from the wife, which reaches two years or more, for the sake of the children and the wife. 1 - Is abandoning the wife for this long period lawful or forbidden? 2 - What is the legal period according to Islamic Sharia for abandoning the wife?
3 - Is the wife considered divorced during this period, and does the contract need to be renewed upon his return, or not? And what is the ruling of Islam and what is prescribed regarding this long abandonment? 4 - What is the maximum period, even if the wife desires and agrees to his travel abroad?
A: First: If she is satisfied with your absence from her for that period, there is no blame or sin on you. If she is not satisfied, then your abandoning her for that period is forbidden. Second: The period during which it is permissible to be absent from the wife is four months, and it is called: the period of ila'. What exceeds that, being absent from her is forbidden except with her consent. Third: The wife is not considered divorced during this period, and there is no need for a new contract upon his return to her. Fourth: If the wife desires his travel and agrees to it, there is no limit to the period. If she does not agree to his travel and his absence from her, he may travel away from her for four months. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.