Fatwa ID: 05586

Answered by: Maulana Qadeer Ahmed Tariq

Question:

I have been separated from my wife for 5 years now not living together nor seeing each other since I left. I now want to give her a direct divorce without waiting any longer.

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Talaq is of three kinds.

Talaq Ahsan is to give one Talaq in the period of purity in which no intercourse took place. He then leaves it until the expiry of the period of iddah.

Talaq Hasan, also known as Talaq Sunnah, stands for the Talaq given to the wife with whom sexual intercourse has not taken place or the three Talaq given to a wife with whom sexual intercourse took place in three periods of her purity provided he has not done the intercourse in these three periods of her purity. This category can also stand for giving three Talaqs in three months to the woman who does not have “menses”.

Talaq Bida is to give Talaq twice or thrice in one period of purity (either repeating the word Talaq on three or two occasions or all three, on one occasion. (Hidayah p.354 – p.355 v.2)

Regarding your question, if you feel that you have no future in your marriage and have tried everything then you can issue one talaq. Then after the completion of the Iddah period, the marriage will come to an end.

Iddah will be obligatory in the aforementioned scenario even though the husband and wife may have been living apart from each other for a number of months or years. (Aapke Masaail p.414 v.5)

Only Allah Knows best

Written by Maulana Qadeer Ahmed Tariq

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham