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A friend on mines husband was released from prison after 12 yrs and is still the same he abuses her and his children he also threatend to kill her there is no love between them can she give a divorce

Answered according to Hanafi Fiqh by Askimam.org
Answer

Rasulullah (Sallallaahu Álayhi Wasallam) said, ‘The most detestable among
the permissible things in the sight of Allah is divorce.’ If there is a
dispute between husband and wife, they should first try to resolve it
between themselves, failing which, Allah says, ‘Two persons representing the
husband and wife respectively should arbitrate and amicably resolve the
dispute.’

As far as possible, a divorce should be avoided. However, after exhausting
all avenues of reconciliation, as a last resort, Allah says, ‘Keep with
principle or release with principle’. If the husband and wife cannot fulfill
their respective duties to one another, then instead of committing a sin of
violating one another’s rights, they should separate. The husband should
release his wife with principle by giving her divorce. In such a situation,
if a wife seeks for a divorce, she will not be sinful. If the husband
refuses to divorce her, she may make Khula, i.e. offer to repay her dowry to
him in lieu of him granting her the divorce. If the husband is still
spiteful and withholds the divorce, the woman may contact the Úlamaa
(scholars) of her locality who are well versed with judiciary principles of
Islam requesting them to annul the marriage.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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