Separation between spouses for absence in Islamic jurisprudence and laws of GCC countries A comparative jurisprudence study

Abstract

The issue of spouse separation due to the husband's absence is a topic deserving research due to its significant impact on people's lives, particularly in their pursuit of livelihood and the consequent separation from their families and homelands. This issue is also relevant to circumstances involving forced separations due to public calamities or legal systems in some countries. The primary objective of this research is to shed light on the perspectives of faqihs (jurists) regarding this matter and to elucidate the regulations governing personal status in the Arab Gulf States. The study commences with an introductory section, followed by the definition of absence and disagreements, along with an examination of their justifications for the legal separation of spouses. It also delves into the types of divisions that may result from such separations. Furthermore, the study outlines the provisions incorporated within the personal status laws of the Gulf States. In conclusion, the research encapsulates its key findings and recommendations. One of the noteworthy recommendations involves conducting a review of personal status laws in light of recent developments. Additionally, it is advised to consider extending the duration of allowable husband's absence when estimating separation length.