I have been living separately from my husband for nearly 18 months, am I divorced?
Assalam;
Please help me as i am totally lost here. I have been living seperately from my husband for nearly 18 months. I have had no sexual relationship with him and certainly no contact.
During my marriage it was never good as we never communicated with each other, never had dinner together and never really had much physical contact.
Is my marriage over and am I divorced even although he has not said the 3 words?
There is no contact with him at all please help me.
- Haz.
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assalaamu alaikum,
I'm sorry your going through such a thing...however..no sister you are still married. There happens to be this misconception amongst some asians that if the husband and wife are not intimate for a certain amount of time, their Nikah is rendered invalid. However, this has no basis in the Shariah.
He can stay away from you for a lifetime, however, that does not equal divorce. For divorce to take place, he either has to divorce you or you have to approach a qaadhi and ask for Khula.
From the sounds of it, things should certainly NOT continue this way. Its very much against the deen that you are left in limbo like this. You need to find your husband, talk to him and sort your life out inshallah. 18 months like this is a lot of time..either you two come to an agreement of living together with each other inshallah like a husband and wife should or you seperate ur ways.
If he has 'deserted' you and doesnt want to be with you or release you, then you can always look at the option of Khula.
May Allah s.w.t make it easy for you and guide you to that which is best for you, Ameen.
Was salaam
No