Islamic marriage advice and family advice

After two years of separation, can I marry other man?

Posted by • April 6, 2011 • Printer-friendly
Divorce decree

 

I am a muslim woman, I am married but I´ve been away from my husband for two years. Can I do Nikahh to another man?

-ssubedar


Tagged as: , ,

6 Responses »

  1. Rumaysa
    April 7, 2011 • 12:34 pm

    Sister,

    According to my knowledge, you should be divorced in order for you to re-marry. Being away or sepearted from your husband doesn't end your marriage. Your husband needs to give you a proper talaaq or you should get a khula and you must observe the iddat period as well. Correct me if I'm wrong?

    Rumaysa

    Reply
  2. fa2mrisho
    April 7, 2011 • 2:07 pm

    Assalam aleykum..

    No u can't do a Nikkah on top of another Nikkah.. You need to be divorced in order to remary

    Reply
  3. María M
    April 7, 2011 • 2:40 pm

    As salamu alaykum ssubedar,

    Leyla has answered a question about divorce in this terms, I hope it will help you, insha´Allah

    "I have taken this information from the following this website http://www.witness-pioneer.org/VMagazine/The_Pioneer/v1i1/13.Divorce_in_the_Light_of_Islam.html

    The grounds on which a wife can seek divorce from her husband in the courts are:

    Inability or refusal of the husband to maintain his wife (even if she happens to be rich, it is still the full responsibility of the husband to maintain her).

    Abuse / mistreatment (which includes beating and swearing, cursing and attempting to force her to do wrong).

    Impotence of her husband (in recognition of the wife's legitimate instinctive needs).

    Incurable, repulsive disease in the husband or insanity.

    Extended absence or desertion by the husband:

    If his whereabouts is known, he is given the chance to return to his wife before the divorce takes effect;

    If his whereabouts is unknown, a six-month or one-year waiting period is placed on the wife. If the husband fails to return, the wife is divorced from him.

    Imprisonment of the husband.

    Deception or concealment of important information at the time of the marriage.
    "There are two methods of divorce by mutual consent:

    Mubarra, where husband and wife mutually agree to release each other from the marriage vows-they also agree among themselves the financial and other conditions for the release;

    Self-redemption (Khula), where, if the wife is unhappy with the conduct of her husband and has genuine grievances which she fears will cause her to fall into error if she continues in the marriage, then she obtains separation by returning her husband's marriage gift in return for the dissolution of the marriage. Conditions that should be observed when using Khula method of divorce are:

    There must be a genuine reason for seeking divorce
    Dissolution may be imposed on the husband if he refuses to let his wife go
    No husband may pressurize his wife into asking for Khula so that he can regain the marriage gift; and
    This form of dissolution can take place at any time."

    If you are married in a mosque with no legal civil ceremony, then I would recommend that you approach an Imam for guidance on the waiting period required for your divorce to be final and accepted by Allah.

    If you are married via a legal ceremony and the state law is involved, I would recommend you appoint a third person - either a mutual friend, family member or solicitor who can have a discussion with both parties (you and your husband) to obtain an official divorce so that you may be free free each other."

    My Unconditional Respect,

    María
    IslamicAnswers.com Editor

    Reply

Leave a Response