Does divorce occur if a husband deserts his wife in bed and treats her harshly for eight months, knowing that Imam Malik holds that divorce occurs after four months?

The jurists differed on whether the husband's abandonment of sexual intercourse without an oath (yamin (definition)) entails the ruling of ila' (vow of abstinence). Some held that it does, while others did not. The majority, however, preferred the view that it does not necessitate the ruling of ila' without an oath. Based on this, the marriage contract remains valid, and the wife has the right to demand her marital rights from the husband. If he refuses, she has the right to seek divorce from him. If he refuses that too, she can refer the matter to the judiciary.