A woman being separated from her husband for years without the talaaq being pronounced

Q. A woman has been separated from her husband for years, but the talaaq (divorce) has never been pronounced. Can she return to the husband? If she has a marriage proposal from another man during this separation, can she accept it?

R. Physical separation, whether it is the result of a quarrel or not, without the talaaq being pronounced, even if it lasts for years, does not mean that the couple is divorced. We must not confuse 'Ilah' and 'talaaq'. 'Ilah' is an oath that a man makes to the effect that he will no longer have sexual intercourse with his wife. In this case, the wife will be considered divorced if the husband does not reconsider his decision and does not reconcile with his wife before the expiration of four months. The woman mentioned in your question is still in the Nikah of her husband. As a result, she can return to live with her husband without having to renew the Nikah. The question of another man's marriage proposal therefore does not arise. It should be noted that it is not permissible to propose to a woman during her I'ddah. Therefore, a marriage proposal to a married woman is much more grave.

[English version of "Une femme séparée de son mari depuis des années sans avoir eu le talaaq" – Al Haadi – Vol. 1 No. 3]