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How long does a seperation have to be before it is considered a talaq

Last updated: 3rd January 2007
Question ID: #3460
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Asalamualaykum
My wife and i seperated under two years ago. She approached lawyers (South Africa) who said that my marriage was not legal in South Africa and I have no rights to my son. I have not issued a talaq and advised her that she should approuch a Imaam as she was the one initiating proceedings. Since then she has still not approached a Imaam.


In the Name of Allah, the Inspirer of Truth.
Assalamu Alaikum Warahmatullahi Wabarakatuh

Your marriage is intact, and no length of separation per se breaks the bond of marriage.

Brother, it is very difficult to give more precise advice, because there is not much to go on. In any case, it wuld be in the interests of both of you to come to a conclusion on what you both want to do.

Try to end the deadlock utilising the assistance of 3rd parties from your side and her side. If there is no chance of reconciliation, issue one divorce in writing to your wife in an amicable manner. Do not hold her in marriage limbo, where she cannot get married, nor is there any chance of getting back together.

O mankind! Be dutiful to your Lord, Who created you from a single person (Adam), and from him (Adam) He created his wife [Hawwa (Eve)], and from them both He created many men and women and fear All�h through Whom you demand your mutual (rights), and (do not cut the relations of) the wombs (kinship). Surely, All�h is Ever an All�Watcher over you.
Sura Nisaa Verse 1

And Allah knows Best
Wa Alaykumussalaam Wa Rahmatullahi Wa Barakatuh
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Mufti
Answer last updated on:
4th January 2007
Answered by:
Ulamaa ID 03
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Location: UK
(Mufti) Abdullah Patel
Halal Food Guide