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Does talaaq take place through separation?

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: I would like to know if a husband and wife are separated for more than three months what does this mean? Is the nikah broken, or talaak takes place? My daughter and her husband are separated for just over three months with no contact at all.

Bismillaah

A: By mere separation the talaaq does not take place. Hence the nikaah still remains.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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