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Arguments between husband and wife

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My question is based on my situation below, is our marriage still valid? My husband and I have had a argument back in november 2014 and since then we have not been under the same roof. We have communicated over the phone and twice in the presence of others, but overall every conversation we had was with a lot of argument, fight, negativity in all forms, no matter how hard I tried to make it positive. We have not had a happy conversation ever since on good terms as a genuine husband and wife would in a normal non-stressful life. What concerns me that with all that negativity and separation going on, is our nikaah still valid? Are we considered a married couple? I hope I provided enough information for you to analyze the correct Islamic way for my situation.

Bismillaah

A: If there were no explicit words of talaaq or intended implied words of talaaq then the nikaah is valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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