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I have been married for a few years now and we have 3 children... My husband accepted his 1st wife back into his life and is now living with her and their children they have... I have not had any relation with my husband for nearly 7 months and he hasn't lived in our home for about 8 months, I now live with his parents.. My Husband is telling me there is no problem it's just the way things are but is our Nikah not dissolved?... Does the fact we have been separate for this amount of time not mean we are divorced?

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In regard to your issue, initially it is necessary to point that divorce has some conditions, and we cannot term everything as divorce.

Secondly as a condition of divorce: the man ought to do it in front of two righteous(عادل) men. (when two righteous men are present)

But if doesn’t mean that he divorced you if in his behavior…, Since he has not mentioned that he divorced you.


Reference :

  • divorce can be given in private also... the second condition is false... just by saying divorce you to his wife the person divorces her whether there is anyone there as a witness or not. – Anas Nov 26 '14 at 12:15
  • but witnesses are needed after iddah, according to quran – qdinar Oct 18 '16 at 19:40

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