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Fatwa CenterSeparated from her husband and wants to resume marital life with him
Question
My husband and I are separated and we want to get back together. However, when I left I told the authorities (in Germany) and other people helping me that my husband hit me and was abusive, which is all true. If I immediately return to him with the children (5), I will lose my credibility with all of the people who have helped me, and perhaps they will be hesitant to assist me in case something should happen again in the future. For this reason I want us to live in separate apartments (him alone and me with my children) for about four months. Then I can tell the authorities that we have worked everything out without losing credibility. However, we receive unemployment money from the government and when we are separated, then each of us receives separate money. If we have two apartments, but my husband sleeps and eats with us, is it haram for us both to receive unemployment? Also, is it haram for my husband and I to have sexual relations while we are "separated?"
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
We have already issued Fatwa 82732 clarifying that the spouses being separated without divorce taking place, does not affect the validity of the marital life. Therefore, if divorce did not take place, you may continue your marital life as if nothing had happened.
As regards living in separate accommodations, if your husband is pleased with it, then it is permissible to do so, Allaah willing.
Concerning the unemployment benefit which you receive from the government, then this depends on the requirements which entitles one to it. If you are eligible, then it is permissible to accept it otherwise no.
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