In the Name of Allah, the Most Gracious, the Most Merciful.
As-Salāmu ʿAlaykum Wa-Raḥmatullāhi Wa-Barakātuh
In principle, a divorce does not take place automatically merely because there is no communication between the spouses, regardless of how long that period may be. A marriage will be terminated through a recognised Shar’i means, such as the husband’s pronouncement of Talāq, a valid Khulʿ, or a judicial annulment (Faskh) issued by a qualified Islamic authority upon the fulfilment of the relevant Shar’i conditions.
Accordingly, in the absence of a valid Shar’i cause of dissolution, the marriage remains intact, and the parties continue to be regarded as husband and wife, notwithstanding a prolonged lack of communication. [1]
And Allah Taʿāla Knows Best.
Baba Abu Bakr
Student –Darul Iftaa
Accra, Ghana
Checked and Approved by
Mufti Muhammad Zakariyya Desai
https://iftaa.co.za/9140/can-a-divorce-take-place-automatically-if-there-is-no-communication-between-the-spouses/