Does Nikah terminate due to prolonged seperation?
Question
Q. My Husband and I have been separated for more than a year. We have now have resolved our issues and wish to reconcile. I’ve heard this from many people that we have to perform a new Nikah because the marriage terminates when you are separate from your husband for 4 months of more. Do we really have to do a new Nikah?
Answer
A Nikah does not terminate merely due to separation. Regardless of how long the separation period may be, the marriage remains valid as long as no Talaaq was issued or the marriage was not dissolved by a panel of competent Ulama. Thus, if your husband had not issued a Talaaq to you or the marriage was not dissolved, your marriage is still intact and valid. If this is so, you and your husband may reconcile without renewing the Nikah.
And Allah Knows Best
- Answered by
- Mufti Suhail Tarmahomed
- Checked by
- Mufti Ebrahim Desai
Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.