IslamQA

Separation and faskh

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Me and my wife are currently separated but not divorced. We have been separated for 6 weeks now. My questionson are as follows

1. How long are we allowed to be separated before our marriage is null and void?

2. My wife wants a fasagh however I want to reconcile. The problem was that I borrowed money from a friend and never told my wife and she only found out afterwards that I borrowed money from a female…is she allowed to be granted a fasagh on the basis of mistrust and lies?

3. If she insists for a fasagh and I dont want to because I still love her and for the sake of the children, can the Alim force her to give me a chance even though her parents don’t want her to take me back?

Bismillaah

A:

1. Separation does not cause the nikah to break.

2 & 3. We suggest that you refer to the Jamiat of your locality and ask them to look into your matter.  If after all the necessary steps and procedures are adopted and the panel of Ulama’, after hearing both sides ascertain that the critical nature of the marriage allows fask, the fask will be enacted by the Jamiat.

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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