The ruling on a wife and children remaining with a husband who does not pray

The questioner:
Umm Muhammad has a case which she explained at length; in summary, she is afflicted with a husband who does not pray, and at the same time he is stubborn and does not respond to advice, and she has children from him. So how should she act given the situation as described? May Allah reward you with good.

The Shaykh:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions. As for what follows, the truth is that what we heard in this question is a problem that many women complain about, and that is due to the actions of their guardians (awliya) at the time of marriage, for they do not seek out righteous husbands for their wards. The Prophet (peace and blessings be upon him) said: and his trustworthiness, so marry them. He began with religion, may Allah send prayers and blessings upon him. So the woman is a trust with her guardian; it is obligatory for him to choose well for her and to seek out the righteous for her marriage. Most of the problems that many women fall into regarding this issue are due to the negligence of the guardians in vetting the suitor.
It is obligatory for the woman, if she is afflicted with such a husband who does not pray and does not care about matters of religion, to advise him and to command him to pray, to leave forbidden things, and to perform the obligatory acts. If he complies, praise be to Allah, and she is his wife. If he does not comply, then it is obligatory for her to seek separation from him. It is not permissible for her to remain with a man who fights against Allah and His Messenger, neglects the prayer, and leaves it intentionally. Whoever leaves the prayer intentionally has exited the religion; he has disbelieved in Allah the Mighty and Majestic. It is not permissible for a Muslim woman to remain with him. As for the one who prays but leaves the congregational prayer or delays the prayer beyond its time, he is one who neglects the prayer and is lax in its regard. It is obligatory for her to advise him and to persist in forbidding him the evil, so that perhaps he may reform. If he does not comply, she may seek separation from him. Yes.

The questioner:
May Allah reward you with good and reward you. As I mentioned, Shaykh Salih mentioned the children and the problem of the children, and she concluded the message by saying: If I leave my children with him, they will be lost, and if I take them to me, they will go hungry.

The Shaykh:
The children in this case, if the court looks into it, it will rule in favor of what is best for the children. So if their remaining with him is harmful to them in their religion and their creed, they will be taken from him and not left with a father who is deviant in his behavior and his creed. Rather, they will be taken from him, and he has no custody over them, nor any guardianship. Instead, custody is transferred to whoever is better than him. Yes.

The presenter:
May Allah reward you with good, and may He do you good.