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

Answered according to Hanafi Fiqh by Askimam.org

.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

If a woman is being oppressed, and her rights are not being fulfilled, etc. then she may ask her husband to divorce her (if she thinks she will be better off that way). If her husband, for whatever reason, refuses to divorces her and she still wants a divorce then she may (in a non-Muslim country like England) make an application to a judicial committee of a competent Ulama body of her country for an annulment of her marriage. They would summon the husband and listen to the grievances of both the spouses. If they deem fit they will allow the husband a stipulated period wherein he may reform himself. If the wife demands a divorce after the stipulated period has elapsed, and they find her justified in doing so, then following the procedures laid down by the Shari?ah, the committee will annul her marriage, after which she will have to sit in Iddat. On terminations of her Iddat, she will be free to marry whoever she wishes. The committee will also address the issues of custody, financial support, etc. and advise the spouses according to Islamic law.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

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