Committing an unnatural act with one’s wife

Question

Zayd beat his wife and threw her out of the house. A period of four years has passed. He commits an unnatural act with his wife, uses intoxicants, and says, “My wife is my property; I will use her however I please.” Now for four years he has not enquired after her at all. In such a situation there is a fear that the girl may fall onto a wrong path. In such a situation, if she wishes to contract a second marriage, is there permission for it in the Shariʿa or not?

Answer

For now there is no permission for a second marriage, because the husband is alive and has not given talaq. If the husband gives talaq — even if in exchange for the mahr — and then the ʿidda of three menstrual cycles passes, then there will be permission for a second marriage. Caution: the use of intoxicants is prohibited.

Source: Fatawa Mahmudiyya

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