If a woman is married and her husband never prays, not in the congregational prayer or by himself, then her marriage to him is void and she is not his wife. She is not permissible for him in marital relations, because she has become a strange woman to him. It is obligatory in this situation for her to go to her family and exert her utmost efforts in separating from this man who has disbelieved after Islam [we seekAllaah’s refuge from this].
Upon this I say, and I hope that the women take heed of what I say, it is not permissible for any woman whose husband does not pray, to stay with him even if she has children from him. The children in this situation will remain in her custody and the father has no right in this because a disbeliever does not take custody of a Muslim. If Allaah guides her husband, and he returns to Islam and begins to pray, then she is to return to him if she is still within her waiting period. If her waiting period finishes before he returns to the prayer then her affairs are in her own hands. Most of the scholars are of the opinion that the wife of an apostate is not to return to him if he returns to Islam after waiting period has finished except by concluding a new marriage contract.
This article was culled from the publications of Deen Communication Limited