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Is My Marriage Valid?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I was married with a husband who had converted to Islam 7 years ago but our marriage lasted for 2 years and we separated due to misunderstandings even though not officially divorced because he doesn’t want to. During our marriage he didn’t want to pray or fast sometimes even saying he will pray when he is with my family. My question is: Was my marriage valid? Should I ask for a divorce and sit for iddat even if we separated 5 years ago?

Bismillaah

A:

1. If he is still a Muslim and he has not divorced you, then you are still in his nikaah.

2. Yes

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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