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Living Apart: Am I Divorced?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My husband and I live apart since 2013. He used to come and see me often. He gave me one divorce in 2012 but then we went back together. He gave me another divorce in November 2014 but this time over the phone. When he gave it to me we still stayed in contact due to some paper work issues but he didn’t ask me to come back to him neither he came to see me or take me Back. I want to know if I am divorced as its been almost 6 months now.

Bismillaah

A: The talaaq issued over the phone is valid. If he did not revoke the talaaq during the iddat period, then with the passing of three menstrual cycles the iddat will terminate and you will come out of his nikaah.

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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