Q: Is the nikaah over if a husband and a wife are separated for 2 years? One of my Muslim sisters has been married for 3 years. She hated him because when she got pregnant he told her to do abortion just four months after the marriage and he left her until she delivered the baby then he was back to her and after she forgave him they were staying in separate homes while she was taking care of her sick mom. He did zina with another woman and after two months they were back together again. Then he told her about what he did and since then she never consider him as her husband and she asked him for divorce but he never granted her divorce. He said to her since I did this mistake you can do whatever you want and I will be ready to accept you then we will be equal and she hated him even more. After one year she travelled to another country and she liked a guy which she wants to marry but she is confused if her nikaah is over or cancelled since it’s been almost two years now that they are not living together and she doesn’t want him but he is refusing to give her talaaq.
A: The nikaah has not ended. She is still in his nikaah.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)