IslamQA

Does talaaq take place through separation?

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I am 22 years old – British citizen. I got married in Pakistan last year, but now seeking a divorce as the husband is horrible and abusuive towards me. I returned to England on December last year. I have no contact with husband whatsoever. I do not talk to him, I am now seeking divorce but he is refusing to give me one. I wanted to know that if I haven’t had sexual contact with him for 8months is my marriage invalid? What if I Return my wedding gold to him does that make the marriage over? Or what if I say divorce 3times to him? As he lives in Pakistan what can I do? I’ve been struggling to find help.

Bismillaah

A:

1. Your marriage is still intact. Through remaining separate for eight months, the nikaah will not break.

2. Talaaq is the right of the husband. If the husband does not issue the talaaq, the talaaq will not take place.

3. We advise you to go to the Jamiat of your locality and ask them to assist you. After following the necessary steps, if they find that your husband is not fulfilling his marital obligations and it is not possible for you to remain with him, they will annul your 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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