Q: I need advice on whether my marriage is still valid. My husband and I have been separated for over a year now but we have still been having marital relations in this time. He says that he is not ready for us to move in back together and prefers our relationship stay this way. What does Shariah (Islamic Law) say about this kind of living arrangement?
A: Long or protracted periods of physical separation between the spouses does not invalidate the nikah irrespective of the time of separation. Since we are not aware of the exact reasons behind this living arrangement it would be difficult for us to comment on the status of this arrangement. However this type of arrangement is not conducive to a healthy relationship; it leaves the spouses in a vulnerable position and many of the other benefits of nikaah expounded by the Shariah are not realised.
We strongly suggest that you contact your local ulema or reputable marriage councillor and work through your differences.
Allah knows best