In Islamic law, a marriage remains valid until it is properly ended through a clear divorce (talaq), khula, or the death of the husband followed by the completion of iddah. Simply living apart for many years does not automatically end the marriage. Allah says: “Divorce is twice…” (Surah Al-Baqarah 2:229), showing that divorce is a clear and defined process in Islam. Therefore, even if the husband has abandoned her or remarried, the first marriage is still valid as long as no official separation has taken place.
In this situation, it is not permissible for the woman to marry someone else until her current marriage is Islamically dissolved. However, if the husband is zulm (oppressive), neglecting her rights, or refusing to give divorce, she has the right to seek khula or annulment (faskh) through an Islamic court or a qualified scholar. Islam does not support injustice and provides lawful ways to end a harmful marriage, but it must be done according to Shariah.
May Allah grant justice, ease hardships, and guide everyone to the right path. Ameen 🤲
And Allah knows best.