Is the Nikah still valid after prolonged separation?

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

You state the wife left the husband’s house and she has not been in any contact with the husband. A prolonged separation between husband and wife does not terminate the Nikah.[1]

It appears the wife left of her own will and now she intends to marry someone else. It is not permissible for her to get married to someone else whilst her first marriage is still intact. If she goes ahead with the marriage, the second marriage will not be valid, and she will have committed a major sin.

Talaq is reserved as a last resort. All options to reconcile the marriage must be explored and exhausted before considering Talaq. See the following Hadith:

عن ابنِ عُمَرَ عن النبي صلَّى الله عليه وسلم قال: أَبغَضُ الحَلاَلِ إلى اللهِ عزَّ وجلَّ الطَّلاَقُ

Abdullah ibn Umar (Radiyallahu Anhu) narrated: The Prophet (Sallallahu Alaihi Wasallam) said: Of all the lawful acts the most detestable to Allah is divorce. (Abu Dawud- 2178)

If after exhausting all options, the marriage could not be reconciled, the wife has two options:

1)    Seek Khula’ (Annulment of the marriage) from the husband. If the husband refuses to grant her Khula’ then:

2)    She can get the nikah annulled by referring her case to a Qadhi (judge) or a local judicial body of Ulama.

And Allah Ta’āla Knows Best

Hasan Ahmed Razzak

Student – Darul Iftaa

Paterson, New Jersey, USA

Checked and Approved by,

Mufti Ebrahim Desai.

22-04-1442| 07-12-2020