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.