Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalamu alikum br.burhan  Im married to a br for 6 years 1child  when we got
married everything was fine when our child was born he started ignoring me
mostly giving the child most of the attention  i felt left out  a few years after we were  married he started changing from a good kind nice person to a person who yells sayes bad words  not kind and loving  no respect he yells at me and to my child  and sayes bad words to him  he told us to leave in feb of this year we were planning to move at the end of jan    we moved out in may  i
got a parttime job last year he was taking care of him he says he loves his child  but you have to force him to care of him  i was paying all the bills for my 2bedroom apt  now im not working since may   he hardly comes and sees our child   sorry this is so long i dont have anyone to talk to about this  we have lived apart since may   my questions are   are considered islamiclly divorced   we have not talked about legal divorce      my other question is im interested in 2 arab brs   they know im seperated from him but not divorced legally    inshallah  i talk to one br  alot   the other is very busy with his studies to pass a dental exam    i would like to know  can you get married islamic only and later on get legal marriage   since we live in the us thank you  for your time  salam  sr ann

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Answer:

Seperation is not divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: my questions are   are considered islamiclly divorced  

Respected Sister in Islam, a mere separation, absolutely regardless of how long it may happen to be, does not constitute a legal divorce in Shariah Law. If your husband wishes to divorce you, he has to declare a divorce upon you; and if for any reason your husband is not willing to divorce you, you are well within your rights to initiate a divorce proceedings against your husband through a Shariah Judge or the Imam or your local masjid.

Your Question: i would like to know  can you get married islamic only and later on get legal marriage   since we live in the us

As long as you do not obtain a divorce from your husband, you will be considered legally married to him in the Sight of Shariah Law and of Allah Subhanah. Only after you have obtained a divorce from your husband, and fulfilled the waiting period or ‘iddah’ of divorce, would you be eligible to marry another eligible believer.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan