How can we advise a sister who has been divorced once: should she return to her abusive, irreligious husband, or marry another, fearing that her daughters might be left with him and be affected by his morals, or remain unmarried to raise her daughters, with the fear of her future loneliness? And would the advisor be held accountable before Allah if any harm befell the daughters as a result of their advice to marry?

If a man curses the religion, then that is an act of disbelief (kufr) which prevents his wife from returning to him. She should praise Allah for freeing her from him. She has custody of her daughters as long as she does not remarry. If she remarries, custody transfers to the next closest female relative. The father has no right to custody as long as he remains in this state. A woman should not remain unmarried; rather, she should put her trust in Allah and accept marriage. If a dispute arises over custody, the matter should be referred to the Sharia (definition) court.