Question:
Assalam-o-Alaikum Wr Wb Ya SHaikh,
I came across a post on eshaykh regarding a lady and her long distance marriage.
It was suggested in its answer that if there is no co-habitation for 4 months the marriage is dissolved. I wanted to have a clarification that if due to unpleasant circumstances a husband and wife are not living together i.e. husband abandons wife or wife leaves etc., then does that mean a marriage is dissolved past 4 months? Is khula or divorce needed in such a case? Please highlight! as I am currently facing a similar situation.
JazakaALLAH Khairan Kaseera for putting up with this great work.
Assalam to the eshaykh team and specially MSN and MSH!
Talib-e-Dua!
W’alaikum Assalam.
Answer:
Alaykum Salam,
No cohabitation for a protracted period, defined as 4 months or more, gives a wife the right to divorce but she does not have to use that right if she wants to give more time out of her own good will.
Hajj Gibril Haddad
