When does a wife become unlawful to her husband after abandonment?

When does a wife become unlawful to her husband after abandonment?

This question comes up a lot among wives in Saudi Arabia when a dispute turns into a long absence, abandonment in the marital bed, or a cutoff of maintenance, so the wife feels “suspended”: neither truly married in practice nor divorced.

In Islamic Sharia and the Saudi Personal Status Law, abandonment is not automatically considered a divorce, but it may be recognized harm that justifies filing a lawsuit and requesting annulment of the marriage contract if specific legal conditions are met.

In this practical guide, we will learn: the definition of abandonment and its causes in Sharia and law, when a wife becomes forbidden to her husband if he abandons her, when the relationship is still legally valid, when abandonment becomes a reason to annul the marriage contract in Saudi Arabia, and how to file the case.

You can book a consultation with the team at Al-Safwa Law Firm for Advocacy and Legal Consultations to review your documents and explain the legal options calmly and transparently

Definition of abandonment and its causes in Islamic Sharia

Abandonment, in Sharia and customary meaning, is when the husband refrains from fulfilling his wife’s legitimate marital rights (such as intimacy, maintenance, or staying overnight in the marital home), or neglects her physically, emotionally, or financially for a period beyond a passing disagreement in a way that violates the Sharia requirement of living together honorably, good companionship, and family stability.

The Saudi Personal Status Law establishes mutual rights between spouses, including:

• Good companionship and mutual respect that achieves affection and mercy.
• Not harming either spouse, materially or morally.
• Not refraining from marital relations except with an acceptable excuse.
• Living in the marital home, with the husband staying overnight and the wife remaining with him.
• The husband’s obligation to provide maintenance in a reasonable manner according to his means.

Accordingly, the ruling on a husband abandoning his wife due to problems differs depending on the situation:

• Short abandonment caused by temporary anger, while maintenance and communication generally continue, usually does not lead to annulment—though it may be religiously blameworthy behavior.
• Extended abandonment with leaving the marital home, abandoning the marital bed, or cutting off maintenance without excuse may be considered legally recognized harm by the judge, opening the door to a lawsuit for annulment due to harm or abandonment.

When does a wife become unlawful to her husband after abandonment?

It’s important to correct a common misunderstanding:

Abandonment alone- even if it lasts- does not make the wife forbidden to her husband, and it is not automatically considered a divorce under Saudi law.

The Personal Status Law explicitly states that divorce only occurs by spoken pronouncement, writing, or a clear understood gesture if one is unable to speak or write (Article 79). Meaning: abandonment by itself does not end the marriage contract and is not considered a divorce.

So, the repeated question: If a husband abandons his wife, is she considered divorced?

• Legally: No, she is not considered divorced merely due to abandonment.
• But: If abandonment results in severe harm, disappearance, or long absence, the wife may request annulment of the marriage contract before the competent court. After a court judgment of annulment and after the waiting period ends, she becomes forbidden to him like any irrevocable separation.

Proving that the abandonment was intended as full withdrawal from marital life

For abandonment to be considered a reason for annulment, it’s not enough to be a passing “argument” or leaving the house for a day or two. The court looks at:

• Duration: Did it continue for months or more without a serious return?
• Form of abandonment:
  • Leaving the marital home permanently.
  • Moving to another residence without providing suitable housing for the wife.
  • Complete refusal of intimacy while remaining in the same home only “formally.”
• Intention to withdraw, shown by the husband’s behavior, such as:
  • Cutting off communication entirely.
  • Refusing all reconciliation attempts.
  • Repeatedly stating rejection of marital life without issuing a divorce or attempting reconciliation.

These elements help prove the abandonment is not temporary emotion, but actual abandonment of the relationship.

Is a man sinful if he abandons his wife in bed or stops providing for her?

The Personal Status Law obligates the husband to:

• Provide maintenance reasonably (food, clothing, housing, basic needs).
• Live jointly and stay overnight.
• Not refrain from marital relations except with a legitimate excuse.

Therefore:

• If the husband abandons his wife in bed without excuse, withholds maintenance, or mistreats her intentionally to harm her, then he is sinful in Sharia, and it is considered recognized harm that can support a wife’s lawsuit for maintenance and for annulment due to harm or abandonment.
• But if there is a genuine excuse (illness, treatment, real work travel with continued maintenance and communication), then the case differs and the judge considers each case according to its circumstances.

The “actual prohibition” the wife usually means by “When does she become forbidden to him?” happens in specific cases, including:

• A valid explicit divorce meeting its conditions; or
• A court judgment annulling the marriage contract due to abandonment, long absence, missing husband, or harm, according to the relevant articles of the Personal Status Law (such as Article 115 in cases of disappearance/absence).

Until such a judgment is issued, the wife remains a wife legally, even if the husband is sinful for abandoning her or withholding her rights.

Important note: The marriage contract remaining in force does not mean the wife must surrender to being “suspended.” The law gives her the right to go to court to claim maintenance or request annulment once harm is proven.

Comparison between types of abandonment and their legal impact (by duration)

Not every type of abandonment has the same ruling or legal effect. A simplified view:

1) Short abandonment due to a passing dispute, with maintenance and communication continuing

• Sharia: Disliked behavior if it drags on; reconciliation and frankness are encouraged.
• Legal effect: Often not enough for annulment, though it may matter in a broader pattern of mistreatment if repeated.

2) Bed abandonment as a temporary disciplinary measure, with limits

• In principle it must be temporary and after admonition, without abuse or humiliation, while maintenance and respect remain.
• If it becomes a continuous refusal of intimacy without excuse, it becomes closer to legally recognized harm and abandonment.

3) Complete abandonment with leaving the marital home and cutting maintenance

This combines: leaving the home + stopping intimacy + no maintenance.
This is often considered serious harm that may justify a lawsuit to annul the marriage due to abandonment.

4) Absence or missing husband with the husband’s location unknown

The Personal Status Law addresses this in Article 115, allowing the wife to request annulment due to the husband being missing or absent if his residence is unknown. The court does not rule annulment until after a period of not less than one year and not more than two years from the date of disappearance/absence, as determined by the court.

5) Absence with a valid excuse (travel, work, treatment) while maintenance continues

The judge examines the reality of the excuse, the husband’s communication, his maintenance, and the wife’s ability to endure the situation. The court may decide harm is not established or can be treated by other means.

Summary: Duration alone is not enough. The judge evaluates duration + type of abandonment + existence of excuse + extent of harm before deciding annulment.

The ruling of “Ila” and its time frame

“Ila” in fiqh is when the husband swears to refrain from marital relations with his wife for four months or more. If he persists until that period passes without returning, the wife may request separation.

In the legal framework:

The Saudi Personal Status Law includes annulment due to “ila” and similar cases among grounds for separation, recognizing intentional, prolonged refusal of marital relations.

Practically, if the husband:

• declares he will never have relations with his wife,
• ties marital relations to impossible conditions,
• or leaves her without relations for years without reasonable excuse,

then this approaches the ruling of “ila” and is among strong reasons to request annulment before the court.

You may also find useful:

• How to file a divorce case in Saudi Arabia
• Divorce procedures in Saudi Arabia
• The difference between divorce and annulment in Saudi Arabia
• Annulment of marriage due to abandonment

Annulment due to abandonment

Annulment due to abandonment is among the most common types of annulment in Saudi courts after the new Personal Status Law.

By reviewing the law, its judicial applications, and specialists’ explanations, the most important conditions for annulment due to abandonment can be summarized as follows:

• Continued abandonment for a long period: There is no single fixed number in all scenarios, but the longer it lasts without justification, the more likely it is considered harm that requires annulment.
• Abandonment without a legitimate Sharia excuse: Temporary “disciplinary” abandonment with its limits differs from retaliatory or abusive abandonment.
• Clear harm to the wife: Psychological, social harm, loss of maintenance, or fear for herself or children.
• Ability to prove abandonment and harm before the court: through evidence, witnesses, and documents not mere allegation.

In many applications, if the annulment cause is harm attributable to the husband -including abandonment- the annulment is often without compensation required from the wife (i.e., she is not required to return the dowry), unlike khul which is often with compensation.

How to prove a husband’s abandonment of his wife

Evidence is the biggest practical challenge in annulment cases. It’s important to build the case file carefully, for example:

• Official reports/records: a missing person report, police report if applicable, or proof of long travel and absence without communication.
• Documents showing leaving the marital home: a new rental contract in the husband’s name in another city, or employment documents showing permanent relocation while leaving the family without suitable housing.
• Messages and correspondence: chats proving the wife requested return or maintenance, and the husband refused or ignored.
• Witness testimony: relatives or neighbors who know the husband abandoned the wife and left her without maintenance or marital relations.

How do I file an abandonment case in Saudi Arabia?

Filing an abandonment case or a lawsuit to annul the marriage contract due to abandonment usually follows organized steps through the Ministry of Justice platforms (Najiz – Taradhi).

Steps to file a lawsuit for annulment of the marriage contract

1. Initial consultation and organizing the facts
   • Understand the type of abandonment (bed abandonment, long absence, missing husband, maintenance cutoff…).
   • Determine approximate duration, prior reconciliation attempts, and resulting harm.
2. Collect essential documents
   • IDs of both spouses and family record.
   • Marriage contract.
   • Evidence of abandonment (witnesses, messages, missing report, leases, work documents…).
3. Submit the claim via Najiz
   • Log in via National Access.
   • Choose: (Judiciary) → (Statement of Claim) → (Personal Status) → (Annulment of Marriage Contract due to Harm/Abandonment).
   • Fill in spouses’ details, marriage date, and the start date of abandonment as accurately as possible.
   • Provide a brief description of harm: leaving the home, no maintenance, bed abandonment, unknown absence…
   • Clearly state requests (prove abandonment + annulment + maintenance if needed + custody if applicable).
4. Settlement phase via Taradhi
   • Often the case is first referred to a reconciliation center.
   • If settlement is reached, the agreement is documented electronically.
   • If settlement fails, the case is referred to the court.
5. Court hearing
   • Sessions are held (in person or remotely) to hear both sides.
   • The judge may request witnesses or additional documents.
   • If abandonment and harm are proven, a judgment annulling the marriage contract is issued, and its effects are determined (maintenance, waiting period, financial rights…).
6. Enforcement
   • After the judgment becomes final, it is documented in justice systems and civil status records.

Practical tip: Hiring a divorce and khul lawyer or working with a legal team helps organize the case, but a lawyer is not legally required for filing. rather, it’s a way to structure rights, not a guarantee of a specific outcome.

Our legal services in abandonment and annulment cases

Abandonment cases are not just legal articles; they’re sensitive files affecting families and mental stability. For that reason, Al-Safwa Law Firm in Jeddah (serving Makkah and nearby areas) handles these files as a team, not as a single individual lawyer.

We help you through clear, practical paths:

1. Review your file realistically
   • Study the marriage contract and facts carefully.
   • Sort your messages, witnesses, reports, and documents and highlight the strongest legally.
2. Explain legal options without exaggeration
   • Is maintenance litigation better? Or annulment due to harm? Or both?
   • What is the typical timeframe and possible scenarios before the judge?
3. Draft the statement of claim and legal memoranda
   • Calm legal writing that shows harm without dramatization.
   • Organizing requests to protect your financial and Sharia rights as much as possible.
4. Follow-up as a team until completion
   • Attend hearings or prepare submissions if you represent yourself.
   • Track notifications, reconciliation decisions, and enforcement after final judgment.

Frequently asked questions about abandonment and annulment in Saudi Arabia

In the end, abandonment is a sensitive matter that cannot be decided by emotion alone and should not be left to assumptions; it requires accurate understanding of the law and measured steps that preserve your rights and stability as much as possible.

If you are experiencing abandonment or a long absence and need clarity on your legal position: contact the team at Al-Safwa Law Firm and book a consultation or send a summary of your case via WhatsApp so we can review your documents and explain the available legal options calmly and transparently.

To get a legal consultation from our team, contact us via the WhatsApp button at the bottom of the screen.

Read also about:

• Proving divorce in Saudi Arabia
• How to prove divorce in court in Saudi Arabia
• The wife’s rights after divorce in Saudi Arabia

Sources:

• Saudi Personal Status Law.
• Regulations and explanatory notes on the Personal Status Law.