Is being separate from the wife considered to be divorce

Fatwa ID: 02619

Answered by: Maulana Mujahid Hussain

Question

Aoa. I've separated with wife 13 Years ago and we are not touching or speaking to each other and she also admits to one of my family members he divorced me but I didn't speak yet. Also, she still wants me to separate. Are we still husband & wife

Answer

If you have divorced your wife in any manner, written or verbal then you are no longer husband and wife.

It is not necessary that you utter the words “ I divorce you “ for a divorce to occur. Divorce may occur if you simply sign the divorce papers. Likewise, if your wife requested a divorce and you simply said yes then divorce has also occurred.

Only Allah Knows best.

Written by Maulana Mujahid Hussain.

Checked and approved by Mufti Mohammed Tosir Miah 

Darul Ifta Birmingham

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