assalam alaikum o rahmatullah.one person is torturing his wife and he is not giving talaq neither he is accepting for qula.his wife is suffering a lot and her parents are worried about her.they went to qazi sahab, police and court but he is not listening to anybody even to the minister of our state who is a muslim.In these situations what is the solution in the light of islam.the lady is unable to supress her sexual feelings and she may go in the wrong way.so kindly reply in detail in the light of shariath as soon as possible what to do to free this lady from her cruel husband.
Answer
(Fatwa: 269/D=19/K=1432)
If the above-mentioned conditions of the husband are true, so first he should be asked to give divorce or khula willingly or by force. Failing which and in case he continues to infringe upon her rights, the wife should file her case in a local Shariah Panchayat or Darul Qaza. If the guilt of the husband is proved, the members of Shariah Panchayat will revoke the nikah according to the guidelines mentioned in Al-Heelah al-Najizah. Then, she can marry anywhere she wishes after her iddah is over.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband