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Fatwa CenterWants to get divorce from her abusive husband and marry another man
Question
Insha Allah, I believe you can advice me. I am a Muslim religious working woman married for 8years but with no children and more over my husband is not at all bothered about me or our life. Only thing is he comes for money or gold. We lived together in my house (As he doesn’t have one) without any major issues for 2 to 3years only. After that when I stop giving him money it became problems and my life became miserable. He torched me in all the ways. He does not live according to islam rules. Does major sins. Now for the last 2 years no news about him and I have not even seen him. My family approached his family for getting divorce but they were not ready to do anything. So what can I do to get separated from him and to marry another. Is it sin if I start talking or seeing another man who likes to marry me and take care of me? Can I marry this man without getting a divorce paper from the first? What does islam/Quran says about these situations?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, we ask Allaah to make a way out for you from all your difficulties and facilitate your affairs.
You should know that the absence of a husband for this long period and his mistreatment to you is not considered a divorce. You are still considered his wife. Hence, you are not permitted to marry another man or to talk to any man for the purpose of marriage and the like; for more benefit, please refer to Fataawa 89027 and 87134.
It should be noted that a woman is not permitted to talk to a marriageable man except for a need and provided the religious requirements are met. For more benefit, please refer to Fatwa 81356.
What you may do in your case is to take the matter to an Islamic court, or to an Islamic centre or any institution which serves as such in case there is no Islamic court, so that it would look into your case [the absence of your husband from you] and remove the harm from you [by divorcing you from him].
For more benefit, please refer to Fatwa 89039.
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