If such a thing does happen, the wife should ask a sensible and trustworthy person to advise her husband and his parents so that her husband comes back to her and her children and fulfills their rights. If that does not work and the wife is unable to bear the hardship, the husband should be asked to give talaaq (divorce) to his wife, so that his wife may marry someone else who will fulfill her rights. If that does not work then the wife should ask for khula – i.e. talaaq in lieu of some money etc. If the husband is still not cooperative, then the wife should take the matter to the local Darul Ifta or to some qualified mufti who will be able to (after relevant procedures) do tafreeq (separation) between her and her husband, so that she may get married to someone else.
(See: Heela Naajiza)
Mufti Faizal Riza