Answered by our Shaykh, the ‘Allāmah, the Trustworthy Advisor, Abu ‘Abdirrahmān Yahya bin ‘Ali Al-Hajūri – may Allāh preserve him – on the 26th, Dhūl-Hijjah, 1441H
Question:
A woman’s husband has been absent from her for four years, is it (allowed) for her to marry someone else?
Answer:
She can annul with an annulment from him, then marry someone else if it’s causing her harm or she fears evil upon herself, for her to request an annulment and then to marry is better than to remain with him, with the Shaytān tempting her with trials.
For verily that is the worst of (state) she could be in, and her separating and remarrying is a honorable affair, she still remains within the limits of obedience of Allāh, the Prophet ﷺ said:
“من كانت فترته الى سنتي فقد نجا“
“Whoevers (break) period is to my Sunnah then he is saved..”
So she is still upon the Sunnah, as for her being overcome with pride and saying that she wants to remain and be patient while she is lying in this, she could be put to trial in her religion, so this is the worst situation for her and her relatives, and her family.
The worst upon a woman is immorality and being in a bad condition, and the most blessed is that which she has her religion and she is being protected and she has her honour with Allāh and with His righteous servants.
Transcribed to Arabic and summarized by Abūl-Majd bin Muhammad (may Allāh reward him with good)
Translated by: Abū ‘Abdillāh ‘Omar bin Yahya Al-‘Akawi
Click on the link to view the Arabic: https://t.me/sh_yahia_duroos/7624