AskImamDarul Iftaa Mahmudiyyah (AskImam)

Is it possible for a woman to get married even if the stubborn husband will not give her Islamic divorce

· 30 Rajab 1421 AH1 min readFatwa 1419English
Marriage & DivorceDivorce (Talaaq)

Question

I would like to remarry, I have been separated from my husband for two years and he will not give me Islamic divorce, would it be possible for me to marry someone else in such a circumstance or do I need my husband to divorce me first? How can I make him give me an islamic divorce? he is too stubborn?

Answer

You cannot remarry until you obtain a divorce from your husband. The period of separation does not constitute a divorce. If your husband is spiteful in withholding the divorce, you may contact your local Ulama Body and request them to obtain the talaaq from him or annul the marriage. They will do so by following the Shariah Judicial procedures.

Was salaam

Mufti Ebrahim Desai
FATWA DEPT.

Answered by
Mufti Ebrahim Desai
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