What is the ruling of Sharia regarding a wife remaining in her family's home due to her husband's mistreatment and beatings, while she refuses divorce fearing the title "divorced twice," and refuses to return to her husband while taking maintenance from him, and constantly leaves her family's home without his permission, whereas the husband and her family refuse divorce and reconciliation?

The husband is religiously obligated to treat his wife well and to deal with her kindly. The wife may leave the marital home without her husband's permission if she fears harm to herself. She may also leave without his permission to seek help from someone who can avert harm from her if he mistreats her or assaults her physically.

It is advisable for sensible people from both families to intervene for reconciliation. If reconciliation is not possible, then separation is better. God may open doors of unforeseen blessings for each of them. Divorce can sometimes be among the greatest blessings that remove resentment and bondage.

It is important to note the following:

Divorce is in the hands of the man. If the husband wishes to divorce his wife, she does not have the right to refuse. The wife is not permitted to leave her parents' home without her husband's permission. However, she is allowed to leave her home for her parents' home without her husband's permission if there is a need to avert harm from her, but this should not exceed the extent of that need. If the excuse ceases and the situation improves, she is not permitted to refuse to return to the marital home. Nor are her family permitted to prevent her from returning to it. If she refuses to return, her husband may detain her, meaning he may refuse to divorce her until she ransoms herself from him with money or the like.