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:

i understand or so i have heard that if a married couple have no relation for 40days are not man and wife. i have split up with my husband for 8year and we are not even on talking terms, why is it that i still cant get a talak and why is it that i cant marry again. i often ask myself the question as to why are women considered so inferior in our community???

 

(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:

 

Time limit for husband wife relation

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 no one (no idol,  no person,  no grave, no prophet,  no imam,  no dai,  nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

 

Your question:  i understand or so i have heard that if a married couple have no relation for 40days are not man and wife.

The understanding or belief that if a married couple have no relation for 40 days no longer remain husband and wife is not from the guidance of the Quran and Sunnah;  and thus it is an absolutely false belief or understanding.    Shariah has prescribed no particular time limit whereby a marriage is automatically annulled only because a husband and wife do not have conjugal relations for a prescribed time! 

 

Your question:  i have split up with my husband for 8year and we are not even on talking terms, why is it that i still cant get a talak and why is it that i cant marry again.

Islam and Shariah allow both the man and the woman to initiate a divorce,  if they wish to do so.   If you have indeed separated from your husband for 8 years,  and are not on talking terms with him;  all you have to do is approach a Shariah Court and initiate divorce proceedings and they should arrange a divorce between you and your husband.   Once the divorce is arranged,  you will be free to marry any believing man of your choice.

 

Your question:  i often ask myself the question as to why are women considered so inferior in our community???

Islam has honored and elevated the status of women,  like no other system in life;  for it is not even conceivable that Allah Subhanah would ever be unjust to any of His creation. 

 

If one does not try to learn and understand the code of the system of life called Al-Islam from the Divine Guidance revealed by their Creator,  then the fault cannot be ascribed to Islam.   If the man or the woman abuse their positions prescribed by Allah Subhanah in the Divine Law,  and do not fulfill their duties and responsibilities as commanded by their Creator;  then it would not be right to ascribe the fault to the system!;  but rather one should blame him/her self.  

 

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

 

 

Your Brother in Islam,

 

 

Burhan