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:

Assalm walaikum,

I have been married 14 months and 2 and half month she went for his brother marriage, but her intension was not to come back again. Then after 15-20 days she fell from the steps and got parallesis effect. After this I use to visit her in the hospital and as she was recovering she use to tell me that she wants to live alone and not with my family. As i am the only son i could not live my family alone. I tried to convince her lots of time but she says the same thing. After some time when i gone to meet her she was not ready to see my face. After that i have never seen her or talkes to her. She also never tried to call me or meet me. Her family also wants to keep her with them. From last 9 months I have not seen her or talked to her. Now, also she has lots of illness and they says this is because of my family. I wanted to know whether our nikah is still there because I have not seen her or talked to her from last 9 months and may be her family looking for other marriage.

 

Please let me know about my marriage status.

Allah hafiz

 

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Answer:

 

Separation time limit

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, the one and only thing which breaks one’s lawful ‘nikaah’ in Shariah is the establishment of divorce.  Other than the establishment of divorce, rest absolutely assured, there is nothing one can do or say which invalidates one’s lawful ‘nikaah’.

 

Beloved brother in Islam, absolutely regardless of the time (be it nine months, or nine years, or even ninety years!) which might have elapsed since your last talking or meeting with your wife, rest absolutely assured that the separation of time by itself does not effect the validity of your ‘nikaah’ in the least in the Sight of Shariah Law.  Rest absolutely assured that your ‘nikaah’ with your wife will remain absolutely valid unless and until the two of you choose to separate permanently through the establishment of a divorce.

 

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