What is the maximum duration a husband may be absent from his wife without a valid reason preventing return?

General Chapter

Al-Mughni

Book of the Wedding Feast

Book 37 · Issue 2 · Bab 1

Open in Qurani

Primary text

Imam Ahmad set the duration for absence at six months. This determination is based on the precedent of 'Umar ibn al-Khattab. When 'Umar learned of a woman whose husband was absent fighting for Allah, he sent a woman to stay with her and summoned the husband back. Upon asking his daughter Hafsa the maximum duration a woman can endure separation, she replied 'five months, six months.' Consequently, 'Umar legislated a period of six months for men on military expeditions: one month traveling out, four months residing, and one month returning. Imam Ahmad stated that six months is the reported duration for a man's absence from his family. If a man remains absent longer than this without a necessary reason, some of our companions hold that the ruler should correspond with him, and if he refuses to return, the ruler dissolves the marriage.

Supporting text

Some scholars argue that if the marriage contract is not dissolved when the husband is present but neglects sexual intercourse, it should certainly not be dissolved in the case of absence, meaning the marriage remains valid even if the absence is prolonged without excuse.