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If a women is separated from her husband from than 8 years , is she allow to get married temporarily (Muta) for her physical needs ?

Q:

Assalamunalaikum,

If a women is separated from her husband from than 8 years , is she allow to get married temporarily (Muta) for her physical needs ? She is above 30 and independent with one child,
The women is not divorced only separated.

Cordially,
Syed Mustafa Rizvi

A:

Bismillaahir Rahmaanir Raheem

Alaikum Salaam,

Being separated is not enough.
Without divorce (religious Talaaq), it is not allowed for a women to get married to another man (temporary or permanent).

To be divorced from the Shariah point of view:
1- Either your husband agrees to divorce you
2- Or you have a prior Wakaalat from him (you made a condition prior to your marriage to be able to divorce on his behalf)
3- Or you get the divorce via the Religious Authority حاكم الشرع (i.e. the Marja)

Regards
Sheikh Nadir.