The husband's travel and the wife's refusal to move with him
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The second question of Fatwa No. ( 4641 )
Q2: A woman’s husband has been away from her for a year and more. The man does not want to return to that town because he wants to relocate, but the woman does not want to relocate. She has four sons, and the man does not send her anything. The man spent her mahr before he traveled. The woman now wants a divorce. Is that permissible?
A2: If the situation is as described, she may write to him asking him to divorce her. If that is not possible, or if he refuses to divorce her, she should ask the judicial authority to carry out what is necessary for her divorce and to give her and the children their due rights.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: A woman’s husband has been away from her for a year and more. The man does not want to return to that town because he wants to relocate, but the woman does not want to relocate. She has four sons, and the man does not send her anything. The man spent her mahr before he traveled. The woman now wants a divorce. Is that permissible?
A2: If the situation is as described, she may write to him asking him to divorce her. If that is not possible, or if he refuses to divorce her, she should ask the judicial authority to carry out what is necessary for her divorce and to give her and the children their due rights.
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.