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Validity Of Mutually Agreed Separation Without Divorce
AA. We encounter situations where a husband and wife mutually agree to live separately. It may be in different residences, or in the same house, e.g., separate rooms, or floors of the house, etc.
They do not want to seek divorce perhaps for practical reasons (e.g., kids, finances, old age), or perhaps more importantly, because at least one of them feels that there is hope Insha Allah for things to work out.
There is no abuse in the relationship. But there is tension or some misunderstanding that has triggered at least one of them.
Perhaps a year or even several years go by like this.
– What is the sharia’h validity of such marriage? Is it annulled?
– If there is a party (say, husband) waiting patiently for the other to come around, what is the best advice for them?
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