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Fatwa CenterHusband and wife separated, marriage in doubt
Question
Husband and wife have been separated for nine months due to their personal conflicts. The wife's brother and mother tried to solve the problem but were not successful. They have three children out of their marriage. Wife wants to work it out, and she (wife) will wait a year to see if she can settle him down. But, the husband wants a divorce. The husband's parents are supportive of divorce. The wife's parents wants to see if it can be worked out between them.
Are they still married because he did not come to her in that nine months?
If everything is solved will it be a health, relationship?
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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
Intending to divorce one's wife or not living with her for the mentioned period does not necessarily mean divorce as long as the husband does not pronounce the word of divorce or something that is known to imply divorce.
On this basis, their marriage contract is still valid. If they continues as before. If they reconcile and settle their dispute they can live as a husband and wife and their relations are considered legal.
We ask Allah to bless both of them, enable them to follow the Commands of Allah, and we ask Him to make them adhere to what pleases Him and make them love each other.
Allah knows best.
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