Can I Take Separation and Remarry Because of an Abusive Husband?

Answered by Mawlana Ilyas Patel

Question

I have had an abusive husband, and after marriage, I realized he was into all haram. I tried to stop him a lot, but he and his family did not support me and decided to get divorced but did not want any financial giveaways, forcing me to take khula’ to give no liabilities, which he had taken from me when we lived together.

For more than four years, he has just vanished to leave me, but with no liabilities, his family is also a part of the same. I do not know his whereabouts, and his family abandoned me from living in their family house, too, with no kids with him.

• Is this marriage/ Nikah still valid?
• Do I have any responsibilities towards him or his family?
• Can I re-marry without any legal/Islamic proceedings?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I empathize with your prolonged difficult situation for several years and an entire family leaving you in a lurch.

Your marriage (nikah) is still valid. However, seek advice from reliable scholars about the specifics in detail.

You have no responsibilities for the reasons you have mentioned.

Please seek advice from a local Imam and reliable male/female scholar in the community, who will assist you in this matter; speak with them openly about your difficulties and follow their advice and guidance and possibly dissolve the marriage through a certified and reliable Sharia council in your area.

Check these links:
How Do I Deal With an Unhappy Marriage? – SeekersGuidance
How Does One Perform The Prayer Of Need (salat al-haja)? – SeekersGuidance

Why not begin your search for knowledge by signing up for a course on SeekersGuidance?
SeekersAcademy (seekersguidance.org)

Most importantly, pray to Allah Most High with a Prayer of Need, regularly seeking His guidance and ease. I pray that Allah Most High facilitates ease for you in this matter, Amin.

I pray this helps with your question.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied within UK, India, Pakistan, Syria, Jordan and Turkey.

He started his early education in UK. He went onto complete hifz of Qur’an in India, then enrolled into an Islamic seminary in UK where he studied the secular and Alimiyyah sciences. He then travelled to Karachi, Pakistan.

He has been an Imam in Rep of Ireland for a number of years. He has taught hifz of the Qur’an, Tajwid, Fiqh and many other Islamic sciences to both children and adults onsite and online extensively in UK and Ireland. He was teaching at a local Islamic seminary for 12 years in the UK where he was a librarian and a teacher of Islamic sciences.

He currently resides in UK with his wife. His personal interest is love of books and gardening.