Fatwa: # 15213
Category: Marriage (Nikah)
Country: South Africa
Date: 17th May 2007

Title

He did not talaaq my mother but they do not live together

Question

My mother got re-married three years back to an older man. My mother has two children but not from this man.He lived with us for two weeks and then left. He did not talaaq my mother but they do not live together as he cannot accept the responsibility of young chilren.He does not contribute to the household in any way or form. Is this marrige Islamically lawfull?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

According to Shariah, if your step father has not issued a divorce to your mother, she is still considered to be his wife. They ought to live together. If they live separate then they may visit each other.

And Allah knows best

 

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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