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Husband and wife separated without talaaq

Answered as per Hanafi Fiqh by Muftionline.co.za

Q:

1. I wanted to know if one’s parents are separated for more then 20 years, will they be allowed to get back together?

2. What is the rights of that father who has not fulfilled the rights or fardh of his children for more then 22 years and is asking for his rights?

Bismillaah

A:

1. If they were staying separate for many years, however no talaaq was issued, then the nikaah still remains. They can get together.

2. By the father not fulfilling the obligations and the rights of his family and children (though he is sinful for this in the sight of Allah Ta’ala), however this will not absolve the children of fulfilling the obligations and rights they owe towards him.

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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