Can a woman be considered divorced and have the right to marry another if her first husband refuses to divorce her, bearing in mind that she left for her country with their son due to the husband's lack of care?
A woman is not permitted to marry another man before her divorce from her first husband and the expiration of her waiting period (); this is because she is already married. If the woman and her second husband know that their marriage is invalid, then they are considered adulterers.
If the wife travels without her husband's permission, she is considered disobedient (nashiz) and sinful. In this case, her right to financial support () is forfeited, and the husband is permitted to discipline her. If the husband is remiss in fulfilling her rights, the wife can refer her matter to the judge, who will review her case, remove the harm inflicted upon her, and compel the husband to grant her rights, or rule for her divorce or khul’.
However, for a woman to take her children and travel without the husband’s permission is a grave dereliction of duty and a cause for chaos.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/133917
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 133917
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy