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Would sleeping in separate beds constitute a divorce

Answered according to Hanafi Fiqh by DarulIftaBirmingham

If you’re living with your husband and sleeping in separate beds and you don’t see him as a husband does it mean divorce by itself?

 

In the name of Allah, the most Beneficent, the most Merciful.

 

Answer

 

In the aforementioned scenario divorce will not occur as long as the husband does not issue the divorce to his wife verbally or in writing.

 

It is mentioned in Durrul Mukhtar:

 

“The main part (rukn) of divorce is the specific statement.” (Raddul Muhtar p.426 v.4)

 

Only Allah Knows Best

 

Mohammed Tosir Miah

 

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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