The ruling on divorce due to a husband and wife living separately from each other
Laws of Divorce,Divorce,The ruling on divorce due to a husband and wife living separately from each other
Fatwa No : 94133
The ruling on divorce due to a husband and wife living separately from each other
معاملات / احکام طلاق / طلاق
The ruling on divorce due to a husband and wife living separately from each other
“My mother-in-law has had no relationship with her husband for the past 17 years, and they have not had an official divorce. The reason for the separation was the unjust cruelty by her husband; he used to beat her and the children severely. They have five children who are still in contact with their father today, but they live with their mother. Has the divorce automatically taken place because of these 17 years of separation, or is the marriage still valid?”
الجوابُ حامِدا ًو مُصلیِّا ً
It should be clear that if the husband has not terminated the marriage through divorce (ṭalāq), khulʿa, or any other valid means, then merely living separately for a long period does not, according to Islamic law, end the marriage. Therefore, if the questioner’s mother-in-law and father-in-law have not had their marriage dissolved through divorce, khulʿa, or any other valid method, then simply remaining apart from each other for a long time has not ended their marriage. Rather, they may still live together as husband and wife.
محمد زکریا الیاس عُفی عنه
دار الافتاء جامعه بنوریه عالمیه
Fatwa No 94133 Verify Now
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