Does talaaq take place through separation

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: A guy and a girl got married. They had an arguments and then girl left the house of guy and stayed at her parents home from June 10th 2016 to Jan 23rd 2017 during this period the guy never pronounce a divorce “Not even single time” The Girl stayed at parents house for more than 6 months and there’s a person who said that according to Islam if you stayed away from your husband for more than 6 months without any Sharai reason then you are no longer in Nikkah with that guy. (who said not sure, on what grounds not sure) Need clarification on this as well. The Guy sent Divorce deed on 23rd January 2017 that has clearly mentioned divorce Thrice upon that girl, the guy who sent divorce deed was planning to end the marriage because of girl’s parents demand. Now, the concern is. If 6 months were already passed while girl stayed away from here husband. Then she was no longer in Nikkah of that guy and so does divorce occurred? IF YES then how? IF NO then why?

Bismillaah

A:

1. This is not correct. Through remaining separated, talaaq does not take place.

2. The nikaah terminated at the time the husband issued the three talaaqs.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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