Is the mother still legally married to her husband, given the father's absence and refusal to divorce, and her desire to marry another man?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the father is characterized by what has been mentioned, the mother should have sought divorce or khul’ from him previously. Since she did not do so, she is still his wife, and it is not permissible for her to marry another without a divorce. However, she has the right to approach the judge to take up her case and rule in her favor for a divorce. After obtaining it and the expiry of her , she is permitted to marry. Until then, she remains a wife, and she must be patient and seek help from Allah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/95360
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 95360
- 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