If a woman’s husband is absent for a year or more, does the judge have the right to separate them?
Machine translationRead the Arabic original
The second question in the letter from the brother (H. A. S.) from Jordan says: Is it true that we hear that if a woman’s husband is absent for a year or more, the judge has the right to separate them, even if she has money and real estate from which she can spend on her lawful needs? What is the ruling of Islam in this matter? Please inform us, may Allah reward you.
Answer: This is not true. Rather, if her husband is absent and she demands separation, the judge looks into the matter to see if he can write to her husband so that he may come, or if he presents his excuse, and he ascertains the reasons for her request for separation. It is not permissible to rush to accept her statement absolutely; there is no basis for this. However, when he is absent and she requests separation, the judge looks into her case and his case. The judge must be attentive and careful regarding the reasons that necessitated her request for separation and the reasons that necessitate separation. He exerts effort, seeks the truth, considers what the scholars have said, and examines the evidence. He then rules according to what ... Allah. Yes.
Answer: This is not true. Rather, if her husband is absent and she demands separation, the judge looks into the matter to see if he can write to her husband so that he may come, or if he presents his excuse, and he ascertains the reasons for her request for separation. It is not permissible to rush to accept her statement absolutely; there is no basis for this. However, when he is absent and she requests separation, the judge looks into her case and his case. The judge must be attentive and careful regarding the reasons that necessitated her request for separation and the reasons that necessitate separation. He exerts effort, seeks the truth, considers what the scholars have said, and examines the evidence. He then rules according to what ... Allah. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
