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Fatwa CenterDoes Long-Term Separation Constitute a Divorce?
Question
Assalamu alaikum. I was Islamically married for 5 years. My husband refused financial support for a long time. For 2 years I requested divorce/separation, but he refused. Both families intervened several times and gave ultimatums. Around 1.5 years ago the marriage was considered ended due to his neglect. Since then there has been no contact, reconciliation, or physical relationship. What is the Islamic status of this marriage and is anything still required before remarriage?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad (
) is His slave and Messenger.
As long as the husband has not pronounced or issued a divorce, the marriage between you and him remains in effect. No matter how long the separation or estrangement between you has lasted, this does not affect the validity of the marriage. Therefore, it is not permissible for you to marry another man until your husband divorces you and your waiting period has ended.
One thing you can do is bring the matter before an Islamic center so that they can examine the situation and advise your husband either to maintain the marriage in a proper and honorable manner and fulfill his marital obligations, or to separate from you in a kind and appropriate way.
If the husband refuses to grant a divorce, then an Islamic judge or someone acting in that capacity may issue a ruling of divorce when there is a valid reason requiring it, such as harm being inflicted upon the wife. In such a case, the divorce is considered valid even if the husband himself did not verbally pronounce it.
Allah Knows Best
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