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The Rules of Separation

 

Nasihah (Advice): Divorce is disliked by Allah Ta’ala

Abdullah ibn Umar Radiyallahu anhu reported that Rasulullah sallahu alaihi wa sallam said, “The most disliked of all permissible deeds to Allah is divorce.” (Sunan Abi Dawud)

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Question and Answer:

 

  1. Q. Kindly advise rules of separation in Islam. Can the husband and wife be separated and still meet with each other? Is intimacy between the two be halaal or haraam while separated?

 

(Question published as received)

 

  1. Separation and divorce are two distinctly different things. Separation is when the spouses or either of them choose to live separately while remaining married, and a divorce is the end of the marriage.

 

Separation by mutual decision is permissible. Separation by one party is not permissible as this leads to neglect of marital responsibilities except under extraordinary circumstances, like domestic violence.

 

In a separation, the marriage is intact and therefore the couple remains husband and wife. All things that are permissible between the husband and wife including intimacy are permissible for a separated couple.

 

And Allah Ta’ala Knows Best

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

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