After marriage, husband disappeared for three years

Reference: Fataawa wa Mukhtaarah – Page 451

Question: If a man undertook a contract [of marriage] with a woman and then disappeared for three years, is it permissible for her to request a divorce [from him] via the judge? Provide us a legal ruling [and] may Allaah reward you with good.

Response: It is permissible for her to raise her matter with the judge, so he can impose upon him (the husband) to attend [the hearing], and if he refuses to attend, then she is permitted to request the judge to issue a divorce ruling for her.

And with Allaah lies all success.

- from London, UK. He is a graduate of the Islaamic University of Madeenah, having graduated from the Institute of Arabic Language, and later the Faculty of Sharee'ah in 2004.

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