What are the implications for a wife whose family forced her into marriage, then she left him after being subjected to torture, and she has stayed in her family's home for three years refusing to return? Is she sinful for leaving her husband's home without his permission, and is it permissible for her to marry another man while she is still married to him?
A woman is permitted to leave her husband's home if there is a legitimate excuse for doing so. If she believes that the excuse will persist, then there is no harm in her remaining in her family's home. However, this separation should not be left unresolved. Rather, she should refer her case to a judge so that he may remove the harm from her and order her husband to divorce her, or for the judge to divorce her himself. The woman remains under the marital bond of her husband until he divorces her or the judge divorces her. Therefore, she is not permitted to marry while she is under his marital bond. If the divorce is finalized, she may marry another man after her 'iddah (waiting period) ends. It must be noted that parents do not have the right to force their daughter to marry someone she does not desire.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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