Is separation without talaaq still considered marriage and does lack of intercourse break nikah?

Al-jawab billahi at-taufeeq (the answer with Allah’s guidance)

1) The Nikah will remain intact. Nikah will not be cancelled automatically without a valid Talaq.

Please refer to: http://www.muftisays.com/qa.php?viewpage=viewQA&question=2876

2) Not having intercourse for certain periods will not terminate the Nikah. Hence, Nikah will remain intact.

However, if the husband swears an oath that he would not have sexual intercourse with his wife for four months or more, or for an indefinite period, and he abides by his oath, in which case the wife will be deemed to have been divorced on the completion of four months. This is termed in Islamic Fiqh as Ila’.

Allah Ta’ala says,

“For those who swear a wait of four months from their women, If they revert back, Allah is Most-Forgiving.” (2:226)

This verse lays down the rule that, in this situation, the husband has two options, either to break his oath by having intercourse with his wife before four months, and offer Kaffarah (expiation) of breaking oath, (in which case the marriage will continue), or (as mentioned above) to abide by his oath, in which case the wife will be divorced on the completion of four months.

This is to prevent the unjust custom whereby the husbands, by swearing such an oath, violated the rights of women. They neither gave her due rights, nor did they divorce her to let her marry someone else.

“If they revert back, Allah is Most-Forgiving” means that if they break their oath by having intercourse with her, Allah will forgive the sin of oath-breaking.

And Only Allah Ta’ala Knows Best.

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Moulana Qamruz Zaman
London, UK