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Can a woman get married again if her husband has expelled her from her home and is not divorcing her?

Answered as per Hanafi Fiqh by Askimam.org

Q : There is a girl works in my office who got married in 2011 but her
husband was so cruel & violent with her. One day he threw out of his home
said that he does not want to keep any relations with her.  After one week he
called her ask her to return home. Once she returned he made relations her
again. After few days he threw her out of his home again and over the phone
he told that he does not want to keep her with him but he will not give her

From that day she never saw her husband and contact with him so far. Now she
have got job and wanted to get settle in a new marriage.  is in very trouble as she is young and do not wanted to go on a wrong way.

Can she get marry and Niqah again ?

Did she got Talaq or Separation ?

Is there anyway way that she can marry again ?


In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The actions of the husband are grossly against the dictates of Islam, because the Quran enjoins the husband to treat his wife with kindness:

“…And live with them in kindness.” [Surah al-Nisa, 4:19]

Yes, it is possible for her to marry again – but she has to get divorced from her husband first. 

If her husband refuses to divorce her then she can ask him for a khul’, whereby he will agree to divorce her in exchange for monetary compensation. 

If he refuses that as well, she should take her case to local scholars. They will gather the relevant details from her (i.e the husband’s refusal to support her) and based on that contact her husband and initiate the process to annul the nikah.

Mufti Sohail ibn Arif,
Assistant Mufti, Darul Iftaa
Chicago, USA

Checked and Approved by,
Mufti Ebrahim Desai.

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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