The wife's right to request a divorce from her imprisoned husband: a comparative study in Islamic jurisprudence

Abstract

Islamic law has taken into account the protection of the wife from any harm that may befall her as a result of the husband’s absence from her, whether in the legislation of the right to divorce due to absence, desertion or loss, despite the disagreement of Muslim jurists regarding the legitimacy of divorce for this or that reason. Perhaps one of the issues that has emerged, especially with the emergence of the idea of the state and the development of punitive measures, is the issue of imprisoning the husband, especially in criminal cases and the resulting potential harm to the wife in being away from her husband, especially since the right to stay at home or the right to intercourse are among the matters that the sacred law has guaranteed to the wife, which has prompted some Islamic sects to give the right to divorce due to the imprisonment of her husband to protect her from falling into the abyss of vice, even if her imprisoned husband has money or alimony from which the wife can live. There is no doubt that the separation of the husband’s imprisonment is a frequently occurring issue, but we find that the jurisprudential explanations regarding it pass without detail or interpretation, and the matter is also reflected in the judicial arena, which mostly witnesses few decisions regarding it, and we do not know what the reason is, whether it is from the side of the Iraqi judiciary and its tendencies in general, especially the era that followed the year 2003 and the tendency