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:

Asalaamu Alaykum,

I am currently seperated from my husband but it`s not an official seperation. we had gotten into an arguement so i moved in with my parents. on december 22nd it will be a month since i left. he hadnt called or supported me financially. how many months does it take for me to be considered divorced if he doesnt call or support me financially? thank you

(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:

Seperation and divorce

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 Sister in Islam, the only thing which breaks the sacred institution of marriage in Islam is the pronouncement of divorce. The mere separation of a married couple, even if that separation were to last for a lifetime, by itself would never constitute a divorce in the Sight of Shariah Law or of Allah Subhanah.

If one is not satisfied with one’s partner in marriage, or one’s rights in marriage have been abused or violated….one is well within their rights to initiate a divorce proceedings against their partner in marriage and seek a permanent separation.

But the mere separation without a divorce pronouncement would not effect or invalidate or break the legality of one’s nikaah in Islam in the least.

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