Home | Fatwa | Divorce (Talaaq) | Does Nikah terminate due to prolonged seperation?

Does Nikah terminate due to prolonged seperation?

JAMIATUL ULAMA KZN DAILY Q&A

Marital Workshop – Alhamdullilah, the Jamiat marriage workshop/seminar on Saturday, 1 Dec 2012 in Durban was very well attended and from the responses received it was highly beneficial. Due to it being oversubscribed, we will insha Allah be having another workshop in the near future. Notification will be sent out timeously. JazakAllahu Khayr to all who attended and made it such a success.

_______________________________________________

Question and Answer:

Q. My Husband and I have been separated for more than a year. We have now have resolved our issues and wish to reconcile. I’ve heard this from many people that we have to perform a new Nikah because the marriage terminates when you are separate from your husband for 4 months of more. Do we really have to do a new Nikah?

(Query published as received)

A. A Nikah does not terminate merely due to separation. Regardless of how long the separation period may be, the marriage remains valid as long as no Talaaq was issued or the marriage was not dissolved by a panel of competent Ulama. Thus, if your husband had not issued a Talaaq to you or the marriage was not dissolved, your marriage is still intact and valid. If this is so, you and your husband may reconcile without renewing the Nikah.

And Allah Knows Best

Mufti Suhail Tarmahomed

Confirmation:

Mufti Ebrahim Desai

Check Also

What is a Talaaq-Raji ( Revocable Divorce )

  Nasihah (Advice):  Shaytaan’s effort in breaking a Marriage   Sayyiduna Jabir Radhiyallahu Anhu narrated that …

Fatwa on Halala (Triple Talaq)

Q. When a husband divorces his wife three times, she is already traumatized, why does …