Question Summary:
Does Separation of the wife break the Nikaah?

Question Detail:

I have a question regarding my separation/divorce. I have been separated from my husband for six months now. My legal divorce is almost finalized and I will soon be applying for a Khulla because my husband has neither cooperated for the divorce not come for reconciliation. I have had no communication or relations with my husband in the past six months. My questions is about the Iddat period, I go to school, work full time. I understand I can dismiss school temporarily, however I do have financial obligations which worry me about leaving work. Just recently I also took responsibility for my sister’s finance so that too is my responsibility. I have also been told being separated for so long, does break the Nikaah, however from research it seems this is not entirely true? Does my time period away from my husband change the factors of the iddat? I appreciate your time

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Sister in Islam,
You are correct. The wife being separated from the husband for any period of time without the husband having issued the divorce (Talaaq), does not constitute a divorce. The Nikaah remains intact. Furthermore, Khula is also not valid without the consent of the husband.
If you wish to come out of the Nikaah, We advise you to consult your local Ulama body and apply for an annulment of your Nikaah.
 
You may also contact the Darul Iftaa telephonically on the following numbers: 031 207 5772/031 822 3094.
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Ismail Desai,
Student Darul Iftaa
Durban, South Africa
Checked and Approved by,
Mufti Ebrahim Desai.