Author:
Laila Nasheeba
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Date Posted: 08:59:03 11/10/02 Sun
Author Host/IP: dhcp024-210-245-129.woh.rr.com/24.210.245.129
As Salaamu Alaikoum,
Praise be to Allah.
In regards to how long does a man have to part from a woman before they become divorced, So long as the husband has not uttered the word of divorce to her, and the wife has not gone to the qaadi to seek a divorce, then divorce has not taken place. She is still his wife and divorce does not take place automatically. Shaykh Ibn Baaz (may Allaah have mercy on him) was asked when a woman is considered to be divorced. He said:
“A woman is considered to be divorced when her husband pronounces the word of divorce to her, when he is of sound mind and under no compulsion to do so, and there is no impediment to divorce such as his being insane or intoxicated, etc., and the woman is pure (not menstruating or bleeding following childbirth) and he has not had intercourse with her since she became pure, or she is pregnant or post-menopausal.”
Fataawa al-Talaaq by Shaykh Ibn Baaz, 1/35
In the case of a man being missing and the woman has had contact from him nor knows his whereabouts, then she must try all in her might to locate the man. This is done by contacting his friends, relatives and etc.
If the woman has no knowledge of the man wheterh he is living or dead, according to the most correct scholarly view, the determination of this period should be left to the discretion of the judge, and it may vary according to the times and circumstances. The judge should use his best judgement (ijtihaad) to determine a time limit after which it may be assumed that the husband is dead, and when that time has passed he should issue a ruling to that effect. Then the woman should observe the ‘iddah of one whose husband has died, i.e., four months and ten days, after which she is free to remarry.
If she knows where he is and that he has abandoned her for this length of time, then the ruling is that of a woman whose husband has taken an oath not to have sexual relations with his wife [see al-Baqarah 2:226]. So the woman or her wali (guardian) should write to him, or the matter may be referred to the judge, so that the husband may be forced to return to her. If he refuses then the judge can decree that she is divorced or the marriage is annulled.
In regards to a hadith which states 6 months, I know no knowledge of its existance.
AND ALLAH KNOWS BEST
Laila Nasheeba
In regards to the hadith you mentioned, I know nothing about this.
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Husband leaving his wife