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I have been having problems with my wife and we have been separated?

Answered according to Hanafi Fiqh by Askimam.org

i have been having problems with my wife and we have been separated?my question is somebody told me that if husband and wife do not speak for 4 month period and remain separated without any mutual undertsanding of getting back together nikah is terminated and talaq automatically falls??plz lemme know about this situation and plz do list all the situation in which talaaq does fall without hubsand issuing one ,,dont get me wrong i just want to know if there exists any such conditions coz as far as my knowledge goes regarding masla of divorce husband has to issue it ??i heard ppl in pakistan do follow this ruling if such a case if faced!!plz reply asap

Answer

A mere separation between a husband and wife does not constitute divorce irrespective of the period of separation. Divorce will take place only if the husband issues his wife with a divorce.

However, if the husband states to his wife that he will not be intimate with her for four months, then only 1 divorce will take place upon the expiry of four months if the husband keeps up to his promise and does not be intimate with her. This is called I’elaa in Shari’ah. If he becomes intimate with her, he will have to offer a compensation for breaking his promise.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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