Q&A (Fatwa)

#410: Ruling on the Undivorced Woman who leaves Her Husband`s House


” As salam alaykm warahmatullah wabarakaatu

Pls help??
If a wife separated from her husband due to discomfort but without any divorce for six months, can that be considered an automatic divorce?

If the husband died will the woman do Taqaba for him? If yes where?”


Wa alaykum salaam warahmatullaah wabarakaatuh


In Islam, Divorce (Talaaq) has its Conditions (Shurut) and Preventative Factors (mawaani’).

For there to be divorce in Islam, it must be made known and it has to be made when the wife is in purity.

What you have described in the question is not at all, referred as divorce nor so recognized in Islam. A woman can only be declared divorced from her husband if the husband divorces her or she is divorced by a Muslim Authority when she seeks divorce legitimately.

It does not matter the number of months she has spent away from her husband. What matters is that a divorce was not pronounced. Had he perished in such a situation, she has a right to inherit him and must observe the ‘idda after his death in his house accordingly.

However, such a fleeing and away from the husband’s house is wrong in Islam unless where a legitimate fear is assumed.

May Allāh unite the couple and bless them with sound children and abundance of wisdom to service their marriage, Āmīn.

Allāhu A’alam.

Bārakallāhu Fīkum
Jazākumullāhu Khayran.

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