Her husband has been absent for six years and she wants to marry another man

And the first letter in this episode is one that came to the program from a female questioner residing in al-Madinah al-Munawwarah. She says in her letter: I am a woman, over thirty years old, and have been married for fifteen years, and I have children, praise be to Allah. However, I was forced to leave my country with other women, mothers, wives, and sisters, and my husband remained in the hands of the oppressors, far away. The years passed and the duration of his absence extended to six years. I moved with my children from country to country, and from village to village. I have now been settled in this safe country for two years. During this period, I got to know a young man who is twenty-four years old, and he asked me to marry him. He pledged to care for the children completely. He stands in my path whenever he sees me going to the Prophet’s Mosque, and he asks me for my opinion about this marriage. Do you think I have the right to ask to marry him and divorce my old husband, of whom I have had no news since I left my country? Does the system allow this? Will it leave me the opportunity to bring my children with me to the new husband’s house? Do my husband’s relatives or my own relatives have the right to oppose me in this matter? Please advise us, may Allah reward you, knowing that I fear for myself that if this marriage with this man does not take place, Satan may cause between us what Allah the Exalted does not approve of?
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance.
As for what follows: This issue must be asked about at the court in al-Madinah al-Munawwarah. There is no doubt that your sitting without a husband involves danger, and we ask Allah for well-being for us and for you. However, you must contact the court and explain to the court what you mentioned in the question. The court will perform the obligatory duty, if Allah wills, regarding your marriage and concerning your absent husband. This is what is obligatory for you. We ask Allah for success for you and a good outcome.
The presenter: May Allah reward you.