Q. I have a colleague who is in her 40’s and in the process of going through a divorce. Due to her spouse cheating, they have not been intimate for the past year .
What are the rules that apply to her when he leaves?
A. A marriage terminates when a husband issues a divorce to the wife or the husband passes away. The marriage between a husband and wife does not terminate by the husband not being intimate with his wife or by simply ‘leaving’ the wife or the marriage.
If a husband is not intimate with his wife or ‘leaves’ the wife or the marriage, the marital bond of Nikah between the husband and wife still remains until the husband issues a divorce to the wife or the husband passes away.
Upon the issuance of divorce to the wife, the wife will observe the Iddah period of 3 menstrual cycles if she menstruates or 3 Months if she does not menstruate or if she is pregnant, then until she gives birth.
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa