Title: Divorce Effected Due to Physical Absence Question: When a couple is physically separated from each other for a long time, at what time can they consider themselves divorced? I have heard that if a couple has not had sex in three months, or three years, upon the mark of the end of the time frame they are divorced. Answer: To fully understand my answer, you must know that the Islamic Shari`ah (the Qur'an and the Sunnah of the Prophet peace be upon him) does not give an exhaustive guideline for all matters pertaining to human life. It only guides man in aspects where he is more prone to committing such a mistake which can effect his success or failure in the eternal life of the hereafter. Keeping the foregoing in perspective, the answer to your question is that the Islamic Shari`ah has not specified the time of physical separation which automatically effects in the breaking of marriage or nullifying the marriage contract. This implies that the matter has been left to Ijtehad. The collectivity of Muslims may pass a legislation to specify this time period. However, it must be kept in mind that whatever the case and however long the period of physical separation may be, divorce will not automatically be effected. The matter shall be referred to a competent legal authority (whether living in a Muslim or a non-Muslim society) from where a certification of divorce will be issued. This is important to save the parties involved in the divorce and those that will subsequently be involved in any subsequent marriage with the divorced man or woman from any legal or moral implications. My answer, in other words, implies that after a long period of physical absence, the husband or the wife may file for divorce to a competent legal authority. If the legal authority is satisfied with the situation, it may grant divorce to the applicant. At this point the couple would stand legally separated or divorced. 10 th December 1999