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Fatwa #45275 January 2002United States of America

My friend's husband has been having open and flagerant adulturous relationship with another married woman for more than a year.

Question

He openly admits to it, and had refused to stop. My friend finally kicked him out of the house three months ago. She does not want to go thru the court for immediate divorce since it requires reliving the experience thru testimonies, etc.. So, she is going thru the no fault divorce. In this state, the husband can take upto two years to sign the papers. Then 90 days must elapse until the divorce is final. Under Allah's law and in his site is she still considered married to him? Thank you.

Answer

In order for a divorce to take place, the husband must issue divorce to his
wife. This could be
by saying the words divorce or writing it down. The wife throwing the
husband out of the house does not constitute a divorce.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.
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