The Limit of a Man's Absence From His Wife

Question :

I am a young man living away from his homeland and I am married all praise and thanks be to Allah-but the laws of the country in which I work do not permit me to bring my wife, except for those who have certain jobs and ranks. Bearing in mind that my salary is very good, and I receive a housing allowance, and I have diplomas, yet it is not allowed for me to bring my wife. So what is the ruling of the true religion on this, since the vacation is once a year - after fourteen months, to be exact?

Answer:

Some of the Companions, may Allah be pleased with them, fixed the maximum length of time for which a husband may be absent at four months, and some of them at half a year, but this is after the wife requests her husband's return. So if half a year passes and she requests his return and he is able to, he must do so. If he refuses, she may submit the matter to a Judge in order to have the marriage annulled.

However, if his wife allows him to remain, even if the period of time is extended, exceeding a year or two, then there is no objection to this, because the right is hers and she has waived it, so she may not seek an annulment as long as she accepted his absence and as long as he continues to guarantee her sustenance, her clothing and (all) her needs. And Allah is the Granter of success.

Source:
Ibn Jibreen
Fatawa Islamiyah, Vol. 5 Page 396