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The question

Does divorce occur between a couple if they refrain from speaking and sleeping in the same room, and each avoids seeing the other's face for more than two months?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Firstly: Marriage was legislated by Allah for psychological tranquility and stability. For this reason, Allah legislated rights and duties for both spouses, as stated in His Almighty قول: (And due to them [the wives] is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]).

Secondly: It is not permissible for a man to abandon his wife for this period unless she is disobedient (nashiz). If he abandons her without a legitimate religious reason, she has the right to treat him similarly, provided she does not deny him his right to intimacy. It is advisable to avoid anything that could disturb the relationship, to suppress anger, and to initiate reconciliation.

Thirdly: Abandoning the wife was legislated for reconciliation. If it does not bring about reconciliation, then it is obligatory to cease it and seek another means, such as mutual understanding or arbitration. Abandonment for reasons other than disobedience is not permissible. The husband must ensure his wife's chastity and engage in intercourse with her. Whoever abstains from having intercourse with his non-disobedient wife for four months is considered to be like one who takes an oath of abstention (mu'li), and he is ordered to either engage in intercourse or divorce. Otherwise, the judge will issue a divorce on his behalf. Abandoning the wife or ceasing to speak with her for a long period is not considered a divorce.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
7443
Imported
Translation status
Source text, unreviewed
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