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Fatwa CenterHer husband asked her to go back to her parents
Question
salam, I would like to know if its important for the husband to say the word "TALAQ" in order to divorce his wife. or is it enough for him to say that he doesn't want to stay with her from now on. B'coz my friends husband is angry with her and told her to go back to her parents and he doesn't even want to see or talk to her. since 11 months they both are living apart, and from past 4 months he has also stopped sending money for her and her kids. so she would like to know if she is already divorced from him now. they are not in contact since 11 months. thank you.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
Divorce does not take place unless the husband utters something which means divorce or writes the word divorce with the intention of divorce. The fact that the husband and the wife are staying apart does not mean that they are divorced.
The same thing applies to a husband who says to his wife that he does not want to live with her from now on, unless he intends divorcing her by saying this. For more benefit, please refer to Fataawa 82732 and 90416.
Therefore, this woman is not considered divorced from her husband just because she is staying away from him, unless he divorced her according to one of the above mentioned methods.
Moreover, he is obliged to spend on her if she is not disobedient and he is also obliged to spend on his children who do not have any money. For more benefit, please refer to Fatwa 84687.
This matter should not be left like this pending and them living apart; he has either to keep her in kindness or divorce her in kindness.
Allaah Knows best.
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