My Husband forced me to do not respect parda and forced me as to be a sexy dress and style after marriage in 1996, Then i took divorce in 2001. I had one daugter from him. In 2003 he forced me to remarry or eother he will take out her daughter from her. So my brothers refused and then after full force he said me to remarry in another country as thailand so i remaried him in 2003 and after that he gone away & i never seen him for more than four years, Neither i know he is alive or nor dead. He only did remarriage to give me a big trouble so that i can never marry to other person. But now in 2008 i came to know that he is in a city that i dont know and had married another woman and have childrens. Now i want to marry another person from pakistan and he is on visit of three months only. So please help me that can i take divorce in court but i am not sure about his address and any contact no more. So my court is ready to give me talaq as my judge is acting as representative of my husband in his absence. As a long time is gone and i free from any pregnancy so will i marry to that person of pakistan dierect after divorce Or either i will have to wait for Iddat period but i am already free from pregnancy as he didn’t touched me more for more than fr problem is that the pakistani person is going back to his country and may impossible to come back again. Please help in the light of islamic views. Jazakumullah

My Husband forced me to do not respect parda and forced me as to be a sexy dress and style after marriage in 1996, Then i took divorce in 2001. I had one daugter from him. In 2003 he forced me to remarry or eother he will take out her daughter from her. So my brothers refused and then after full force he said me to remarry in another country as thailand so i remaried him in 2003 and after that he gone away & i never seen him for more than four years, Neither i know he is alive or nor dead. He only did remarriage to give me a big trouble so that i can never marry to other person. But now in 2008 i came to know that he is in a city that i dont know and had married another woman and have childrens. Now i want to marry another person from pakistan and he is on visit of three months only. So please help me that can i take divorce in court but i am not sure about his address and any contact no more. So my court is ready to give me talaq as my judge is acting as representative of my husband in his absence. As a long time is gone and i free from any pregnancy so will i marry to that person of pakistan dierect after divorce Or either i will have to wait for Iddat period but i am already free from pregnancy as he didn’t touched me more for more than fr problem is that the pakistani person is going back to his country and may impossible to come back again. Please help in the light of islamic views. Jazakumullah

Answer

(Fatwa: 1783/1679=D/1429)

 

When you remarried you former husband, you will remain her wife unless he divorces you or you get khula. You can not marry any other man. However, if he is not giving you your rights and violates your due rights, then you can put an application against him in a Shariah court. The Shariah court, after investigation in light of the Shariah, will nullify the nikah, and you may marry any other man after passing the iddah. We do not know whether the process of nullifying nikah according to the Shariah is going on in the court of your area or not. Therefore, you should ask the Ulma there about it. You should note that you will have to complete the iddah (three menses) even after nullification of nikah by the Shariah court in accordance with Quran and Hadith. No matter, if your husband has touched you for a long time or not, or you have been away from him, you will have to accomplish the iddah.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband