Title: Is 'Legal Separation' in Keeping with the Directives of Islam? Question: Please convey your opinion about the idea of Legal Separation, which is generally prevalent in the Western countries. Is the idea of 'Legal Separation' in consonance with the directives of Islam or not? Salman Abdul Haleem Answer: The concept of 'Legal Separation' is explained in simple words by "LawLine - The SC Bar FAQ [1] " as: Legal separation is a formal arrangement made in a judgment issued by a judge. The judgment will rule under which a husband and wife legally live apart and will detail the responsibilities of each. A husband and wife may choose to live apart without such a formal arrangement, but they are not legally separated. A legal separation is not a divorce because it does not end the marriage. One of the marriage partners may choose to seek a legal separation for several reasons. The judge hearing the case can determine the amount of support to be paid by one partner to the other, if any; the judge can decide which of the marriage partners will get to live in the family home; the judge can determine questions of child custody and visitation rights and divide property. Both parties may agree on these and other matters, but the judge will review their agreement to be sure that it is fair to both parties and to the children. A decree of legal separation does not allow either partner to marry or have sex with anyone else until a divorce has taken place. If one marriage partner dies while the legal separation is in effect, the other may be entitled to inherit from the deceased spouse as should be the case in any other marriage. The concept of 'Legal separation', as explained in the foregoing citation is not only alien to the Islamic directives relating to marriage and divorce, but also seem to be quite contrary to the spirit of the related Islamic teachings. In contrast to the stated concept, Islam, on the other hand, would like a couple to live a life of a regular family and, thereby, not only provide for the mutual satisfaction of each other's physical, emotional, psychological and social needs but also provide a healthy family environment for their children and dependents. If, due to any reason, it becomes improbable for the couple to live a comfortable life together and all efforts of resolving their mutual differences fail, then the couple should consider the permanent severance of their relationship and may resort to regular divorce. One can easily see that the basic spirit of the related Islamic teachings is to provide the individuals with an environment in which they can adequately fulfill their natural requirements, while adhering to the positive values of fidelity, faithfulness, commitment, and piety. However, if a marriage does not succeed in providing a healthy family environment, then the relationship should be completely severed, so that both the unfortunate individuals are allowed and free to make a new beginning and to try to seek for themselves a suitable partner. The idea of 'Legal Separation', as one can clearly see, lies in between the concept of a regular family life and that of a permanent divorce. This concept really implies that the couple would remain legally married and yet not provide for the fulfillment of each other's requirements and needs. This unnatural situation easily results in the promotion of infidelity and unfaithfulness. In view of the grave negative repercussions of the concept of 'legal separation' as well as the lack of any meaningful benefits accruing from it, I am of the opinion that Muslims residing in the Western countries should try to avoid resorting to such an unnatural arrangement. I hope this helps. Regards August 25, 2001 [1] This explanation is taken from: http://www.scbar.org/Law_Line/family__legal_separation.htm