Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The ruling on a husband's prolonged absence from his wife

Machine translationRead the Arabic original
Question:
A listener from the Arab Republic of Egypt, named Abdul Salam Atiya, says: I heard that if a man is absent from his wife for six months or more, he must conclude a new Islamic marriage contract with her upon his return. I was absent from her for three consecutive years. Is what people said correct?

Answer:
This is not correct. If he is absent from her for years, he remains in his marriage, unless the Islamic judge annuls it. If she complains to the Islamic judge and the judge annuls it, then he should consult the judge if he wishes to return to her with a new contract. He should consult the judge. However, if she remains in her state, has not requested divorce, and it has not been annulled, then his marriage remains valid, and his wife remains in his bond and protection. There is no need for a new contract, whether the period is short or long.
However, a believer should strive not to prolong the absence, because the woman is at risk, and he is also at risk, as well as due to the length of the absence. He should have care for his wife and not prolong his absence from her. Allah the Exalted says:
And live with them in kindnessوَعَاشِرُوهُنَّ بِالْمَعْرُوفِ
[Surat al-Nisa: 19]. Prolonging the absence is not among what is right. Rather, he should come to her from time to time until his term ends, whether every three months, every two months, or every four months, so that the absence does not become prolonged.
It was narrated from 'Umar ibn al-Khattab (may Allah be pleased with him) that he was asked about this regarding the expeditions, so he set a limit for them of six months. If he is absent for six months for an important need, there is no harm, if Allah wills. But whatever is possible of shortening the time and not prolonging it is more preferable and safer, especially in this age where trials have increased, evils have increased, and patience has decreased.
Therefore, a believer should know the value of his time and not prolong his separation from his wife. Rather, he should visit her from time to time during his journey, or take her with him where it is possible to take her with him on the journey. Otherwise, let him come from time to time, less than six months, in two months, three, or four. Whenever it is facilitated for him, he should come, stay for a few days, and then return until his work is finished. We ask Allah for success for everyone. Yes.
Source binbaz.org.sa

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

Similar fatwas