Is a woman entitled to seek khul' or half the mahr from her husband who failed to fulfill the contract's conditions, was absent from her for three years, and married another woman?

If your fiancé has abandoned you for three years, has not responded to your calls, and has not sought to complete the marriage, you may request a divorce due to harm. The abandonment of a wife without a legitimate reason permits her to do so, as mentioned by Al-Dardir and others. Scholars have stipulated that a woman has the right to seek divorce due to harm, which is something not permissible by Shar‘ (Islamic law), such as abandoning her without a legitimate cause, or insulting and beating her. The Hanbalis — and this is the most preponderant opinion — have used as evidence for a woman's right to choose whether to uphold or annul the contract if the husband violates the stipulated conditions, Allah's saying: {O you who have believed, fulfill [your] contracts} [Al-Ma'idah:1], and the Prophet's (peace be upon him) saying: "The conditions most worthy of fulfillment are those by which you make intimate relations lawful," and "Muslims are bound by their conditions."

Among the conditions considered valid are those stated within the marriage contract itself or those agreed upon before it, such as a woman stipulating that he not make her leave her home or that he not take another wife. If the husband violates these conditions, she has the right to annul the contract.

A woman has rights if she is divorced before consummation and lawful seclusion, or after seclusion where intercourse is usually possible.