What is the ruling of the Sharia regarding a husband who mistreats his wife and her family with insults and severe beatings, prevents her from visiting her family, and fails to fulfill his familial duties, knowing that he refuses advice and treatment and flares up at the slightest provocation? Is the wife entitled to seek a divorce, and what are the conditions for her return?

This person has committed grave sins, such as earning interest (usury), abandoning prayer, cursing his parents, and beating his wife. Cursing religion, by consensus, expels one from Islam, and he must re-enter Islam by uttering the two testimonies of faith (Shahadatayn). As for his relationship with his wife, scholars have differed concerning a husband who apostatizes from Islam: According to Abu Hanifa, Malik, and one narration from Ahmad, separation occurs the moment of apostasy. Ash-Shafi'i and one narration from Ahmad held that separation is suspended until the 'iddah (waiting period) expires. If the husband repents and returns to Islam during the 'iddah, their previous marriage remains valid. If he does not repent until after the 'iddah has expired, separation between them takes effect from the time of apostasy. Scholars have also differed on the nature of this separation: The Hanafis, Shafi'is, and Hanbalis held that it is an annulment (faskh), not a divorce. Malik and Muhammad ibn al-Hasan from the Hanafis held that it is an irrevocable divorce (talaq ba'in). We advise the wife to refer her case to the Sharia courts for the judge to decide whether the marital relationship should continue or not. The action of the wife's sister in informing her family about her being beaten is a righteous deed.