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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Does a man's absence from his wife for a year make her divorced?

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Question:
He also asks about absence, about the wife—may your honor be respected—saying: I heard from some people that if a man is absent from his wife for a year, she becomes divorced, and that this is not permissible. So what is your guidance, may your honor be respected? May Allah reward you with good.

Answer:
No, she is not divorced by his absence; his wife is not divorced by his absence. However, it is prescribed for him to observe the appropriate times and not to let the absence become prolonged, because a long absence may cause many problems for him and for her, and both the man and the woman are exposed to fitnah (trial, discord or temptation). So what is prescribed for you, my brother, is not to prolong the absence, and to strive to keep the absence short, two or three months, or for her to be with you if possible, out of concern for the safety of her honor and your honor.
As for divorce, she is not divorced; if you are delayed from her for a year, or less, or more, and you have not divorced her, she remains in your protection, except if there is a dispute between you and her before the judge in the court, and the court sees separation between you and her. That is a matter for the court; that is a matter that returns to the court. They look into the matter at hand and act according to what the pure Shari'ah requires. As for your mere absence from her, it does not make her divorced. Yes.

The presenter : May Allah reward you with good, and may He do you good.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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