IslamQA

Does divorce take place if a husband simply leaves his wife?

Answered according to Hanafi Fiqh by TheMufti.com

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

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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