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Does talaaq take place automatically by separation?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have been seperated from my husband for 3 years now. We had no contact at all and he has not paid any money to financially support me. I would like to know if my talaq happens automatically?

Bismillaah

A: Through merely being separated the talaaq does not take place. We advise that you go 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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