QUESTION:
What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: A husband & wife have lived separately for two years – they had no relationship between themselves at all, but neither did the husband divorce the wife. So, can they live with each other again as husband & wife without them having to remarry each other [i.e. having Nikāh performed again], or has their marital relation finished & ended, causing the need for another Nikāh?
Questioner: Mawlānā Arsalan Sultani from England
ANSWER:
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
If the husband has not divorced the wife, then the woman will still remain his wife, even if they were upset for many years, and thus, remaining separate from each other. Therefore, they can establish marital relations without the need of having to remarry because their relationship still remains intact in terms of them being married. There are many occurrences of the Blessed Companions & the Tabi’īn [i.e. their followers] that they would return from battle after many years, and then would continue to spend their lives with their wives without remarrying them. If a person says that the mere act of being separate causes divorce, then it is necessary for such person to provide proof from Qur’ān & Hadīth; it will not be possible at all.
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری
Answered by Mufti Qasim Zia al-Qadri
Translated by Haider Ali
Read the original Urdu answer here: [Q-ID0779] A Husband and Wife have been living separately for 2 years, has this caused them to be classed as divorced?
Also see:
[Q-ID0498] Are the marriages and divorces that have taken place in the UK Courts Islamically valid?
[Q-ID0421] I remarried after hearing my Husband died, he is actually alive, whose wife am I?