I have not seen him for five years, is our marriage valid?
I have been separated from my husband since 12 years.I have a 14 years old daughter. He is in UAE and according to him he is unable to keep us there or visit us due to financial problems which have not improved over the years. We only visited him once five years ago. He has never paid for our maintenance since marraige, I have been using money I saved from work. I worked in a multinational before and now as a teacher but its not enough so my married sister helps us. We are living with her as my parents are dead. There is no hope of us to be together again so what kind of a marriage is this?
Please tell me if our marraige is still intact or is it null and void as I have heard that if separation becomes long it does? thank you
-nusrat
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Salaam. Here is an answer to your question from Brother Wael:
The answer is no, your separation does not break your nikah. What you heard about being apart for four months only applies when the husband has sworn an oath that he will not have conjugal relations with his wife. And even then the divorce is not automatic, but the wife has the right to seek divorce.
See this post on Zawaj.com where the exact same question was answered by Dr. Muzammil Siddiqi:
http://www.zawaj.com/does-a-long-separation-amount-to-divorce/
Regards,
Sara
IslamicAnswers.com Editor
assalamu'alakum
i have nothing to say but as far as ur hasband is consernd allah will ask him for mistreating his family like this. And i will remember u in my prayers. May ALLAH's help be with u.