Does divorce take place if a husband simply leaves his wife?

Q. I  have  a  colleague  who  is  in  her  40’s  and  in  the  process of going through a divorce. Due  to  her  spouse  cheating,  they  have  not  been  intimate  for  the  past  year .

What  are  the rules  that  apply to  her  when  he  leaves?

A. A marriage terminates when a husband issues a divorce to the wife or the husband passes away. The marriage between a husband and wife does not terminate by the husband not being intimate with his wife or by simply ‘leaving’ the wife or the marriage.

If a husband is not intimate with his wife or ‘leaves’ the wife or the marriage, the marital bond of Nikah between the husband and wife still remains until the husband issues a divorce to the wife or the husband passes away.

Upon the issuance of divorce to the wife, the wife will observe the Iddah period of 3 menstrual cycles if she menstruates or 3 Months if she does not menstruate or if she is pregnant, then until she gives birth.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

themufti.com