This is Annulment, Not Divorce
Question :
I am a woman who was married and gave birth to two children during a period of three years. Later, mis- understandings occurred between us and he (my husband) left me and a separation took place between us, but without divorce, and I remained for a period of six years without him divorcing me. I took out a case against him in the Court, but he did not attend, his father attended and an order of separation was issued between us. My question is:
1. Is this considered a legal divorce and does the waiting period begin therein from the date the ruling was issued, or what?
2. Is he obliged to provide financial support for the period of seperation between us?
Answer:
What was issued by the Court is not considered to be a divorce, it is only an annulment, unless the word divorce was spoken by the Judge, then it is divorce. The waiting period. starts from the date the order was issued, not from when he became aware of it, i.e. not when he became aware of this separation. As for financial support, that falls under the jurisdiction of the Court; if you wish to seek it, then the Court must decide between you, and the husband is not guilty of sin due to his abandonment during this period, if the wife was the cause of it.
Source:
Ibn 'Uthaimin
Fatawa Islamiyah, Vol. 6 Pages 65-66
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