Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

How much time one person can be away from his wife? from some sources it has been heard that if a person is away from his wife for more then 40 days, his nikah will break. is it true? let me know the details please

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

How does nikaah marriage break

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Dear and beloved brother in Islam, except for the pronouncement of divorce, there is absolutely nothing one can do or say which affects the validity of one’s ‘nikaah’ in Shariah Law. The one and only thing which breaks one’s ‘nikaah’ is the pronouncement of divorce!

There is absolutely nothing in the Quran or the Sunnah which states that if a husband is away from his wife for more than 40 days (or even 40 years!) it would automatically invalidate or affect the validity of their nikaah.

Once two believers have agreed to unite themselves in the sacred bond of marriage through ‘nikaah’, the one and only thing which will affect the validity of their ‘nikaah’ is the pronouncement of divorce. The number of days a husband and a wife happen to live away from each other has absolutely no affect by itself on the validity of their ‘nikaah’ in Shariah Law.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan