The wife of an obstinate husband: the husband neither takes his wife home nor gives talaq

Question

Question: A man, for some reason, does not want to take his wife home, nor does he give talaq, and twelve years have passed, or five years have passed. What is the ruling for this woman?

Answer

She should institute a case in the court of an empowered Muslim ruler. The ruler will compel him either to take his wife home or to give talaq; otherwise the ruler will effect separation (tafriq).

Source: Fatawa Mahmudiyya

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