PERMANENT SEPARATION?

Question

Is there a concept in Islam as “permanent separation”. The husband and wife are living apart without any Talaaq issued.

Answer

Permanent separation in the Shariah is when the Nikaah has terminated either through Talaaq or Faskh or the husband and wife becoming haraam to each other. In the absence of these factors there is no permanent separation.

Yes, what may occur is that the husband refuses to issue Talaaq, and the wife refuses to return to him.

In this case, when there is no hope of reconciliation, the sane thing to do is Tasreehum bil Ihsaan, that is to release the wife from the bondage of nikaah in a kind manner by issuing talaaq.

Withholding talaaq, for some reason or the other, spawns the scenario of “permanent separation” which is fraught with grave consequences for both the parties.

One of the most senior Aalims of the country advises husbands in such circumstances as follows:

Answer

Purely on the basis of your explanation, we can say that the faskh is not valid. However, our advice in such cases is that the husband should of his own accord issue Talaaq. If the woman is not prepared to live with her husband, and if she is compelled to remain with him, she cannot be trusted. She will most certainly commit infidelity. How can a man live with a woman who abhors him? In almost all such cases, she will commit zina.

Withholding Talaaq out of spite and on the basis of the false notion of punishing the woman is to cut off one’s nose to spite one’s face. There is nowadays no Taqwa – no fear for Allah Ta’ala – to deter people from zina. You are therefore flogging a dead horse. Issue Talaaq. Let her go her way. (Emphasis added) (The Majlis Vol.27 No.1)

Was-Salaam