In Islamic jurisprudence, there is a concept known as "Talaq" (divorce), and different schools of thought within Islam may have varying interpretations of how divorce occurs, including in cases of long separation. It's important to note that Islamic law can vary, and interpretations may differ among scholars and legal traditions.
In general, the common forms of divorce recognized in Islam are:
Talaq is the right of a husband to pronounce divorce and end the marital relationship. The husband may say "talaq" three times, either in a single sitting or over an extended period, with waiting periods (iddah) between each pronouncement.
Khula is a procedure where a wife seeks a divorce by making a financial settlement or returning the dowry to her husband.
Faskh is a judicial divorce initiated by a Qadi (Islamic judge) under specific circumstances, such as the inability of one spouse to fulfill marital responsibilities.
Regarding long separation, some scholars may argue that if a couple has been separated for an extended period without any reconciliation or attempts to maintain the marriage, it could be considered as a form of "constructive separation" or "irrevocable separation." However, this does not automatically lead to divorce; the formal process of pronouncing Talaq or seeking Khula would still be required.
It's crucial to consult with a qualified Islamic scholar or a local religious authority to get specific guidance based on your situation and the legal tradition you follow. The interpretation of Islamic law can vary, and a knowledgeable religious authority can provide advice tailored to your circumstances and the particular school of thought you adhere to…
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