Living separately from the husband for a considerable amount of time

Question:

Is it true that a woman is divorced if she lives separately from her husband for a considerable amount of time?

Answer:

When a man and a woman live together as husband and wife for a considerable amount of time without performing Nikah, they do not become husband and wife according to the Shari’ah. Similarly, when a man and woman who have performed Nikah, live separately after Nikah, for a century even, the woman is not divorced.

The husband must give Talaaq to his wife in order for her to be divorced. Otherwise, in some cases, a Qazi or a Muslim society may annul this Nikah with certain conditions if the woman makes such an appeal. 

[English version of "Reste séparé avec missié pendant ene bon boute le temps" – Al Jamiat – Vol.3 No.4]