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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a woman whose husband declared her defiant and left her in a suspended state

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Question:
A husband declared his wife defiant twenty-four years ago. She was three months pregnant at the time, and he has not inquired after her or the daughter she gave birth to up to this day. Is the wife considered to be under his responsibility, or is she divorced? Does inheritance occur between them? Please inform us, may Allah reward you. Note that he has not paid any maintenance: neither for the wife nor for the daughter.

Answer:
This matter is the responsibility of the courts, and it is not permissible for the woman to remain in this suspended state. It is obligatory that either they reform their relationship or they are separated; this is the duty of the court. As for her sitting for twenty-four years, or ten years, or five years, this is an abomination and is not permissible. This is because it is obligatory to reconcile between them. If they do not reform and do not reconcile, then separate them. If she does not want him, she pays him her mahr and divorces him. This is because when Thabit ibn Qays (may Allah be pleased with him) had a disagreement with his wife and Allah did not write affection for him in her heart, the Prophet (peace and blessings be upon him) ordered her to give him his mahr and said:
Accept your garden, and divorce her once.اقبل الحديقةَ، وطلِّقْها تطليقة
Sahih al-Bukhari 5273

Therefore, it is obligatory for the courts to look into this, and they have instructions regarding this. If the woman brings her need and her situation with her husband to the court, the court will look into the matter.
As for if she prefers not to have the marriage annulled and wishes to remain in her state of defiance, and the husband leaves her, this is up to them. However, her sitting in this state is not befitting, because this is a great danger—her sitting without a husband and without maintenance—because it may harm her greatly.
In conclusion, this is related to the court, and the woman is able to refer to the court regarding maintenance, inheritance, and other matters.
Source binbaz.org.sa

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

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