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Shabhnam
Feb 14, 2009, 10:01 PM
Hi, I need to find out how long can a muslim husband and wife be separated before there is an automatic talaq(divorce).

stevetcg
Feb 15, 2009, 05:35 AM
Where do you live? If you are in the US, there is no such thing as an automatic divorce. Possibly in the eyes of your religion, but that means nothing to the government.

You may find this is the case in many countries.

firmbeliever
Feb 15, 2009, 09:12 AM
Assalaam alaikum Shabnam,

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The grounds on which a wife can seek divorce from her husband in the courts are:

1. Inability or refusal of the husband to maintain his wife (even if she happens to be rich, it is still the full responsibility of the husband to maintain her).
2. Abuse / mistreatment (which includes beating and swearing, cursing and attempting to force her to do wrong).
3. Impotence of her husband (in recognition of the wife's legitimate instinctive needs).
4. Incurable, repulsive disease in the husband or insanity.
5. Extended absence or desertion by the husband:

1. If his whereabouts is known, he is given the chance to return to his wife before the divorce takes effect;
2. If his whereabouts is unknown, a six-month or one-year waiting period is placed on the wife. If the husband fails to return, the wife is divorced from him.

1. Imprisonment of the husband.
2. Deception or concealment of important information at the time of the marriage.

Divorce in the Light of Islam (http://www.witness-pioneer.org/VMagazine/The_Pioneer/v1i1/13.Divorce_in_the_Light_of_Islam.html)

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"The maximum limit a husband is allowed to be away from his wife is four months, or six months according to the view of the Hanbali scholars."

How Long Can a Husband Stay Away from His Wife? - IslamonLine.net - Ask The Scholar (http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503543796)

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Please refer to the following links for more information-

Divorce: Some Misconceptions (http://www.islamfortoday.com/divorce.htm)

Seeking Divorce for Husband's Absence - IslamonLine.net - Ask The Scholar (http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544328)


Wa alaikum salaam