Is it permissible for a woman to seek divorce from a husband who does not pray?

The questioner : The questioner:The questioner : A woman who is careful to maintain the five daily prayers, but her husband does not pray out of laziness. Is it permissible for her to seek divorce, and what is her position and her husband's position toward each other?

The Shaykh : As for whether it is permissible for her to do so on the basis of leniency, I say that it is obligatory for her, it is obligatory for her to seek separation from her husband who abandons prayer, because the one who abandons prayer is in a state where his case revolves around being a disbeliever who has apostatized from his religion. In this case, there is no doubt whatsoever for anyone that it is not permissible for her to remain under his protection, because it is not permissible for a Muslim woman to live under the protection of a disbeliever, even if he is from the People of the Book. That is, Allah the Exalted has permitted Muslim men to marry women from the People of the Book, but He has forbidden Muslim women to marry Jews or Christians. There is no doubt that one who has apostatized from his religion is worse than Jews and Christians. This is according to the opinion of those who say that the one who abandons prayer is a disbeliever. However, even if this opinion is considered the weaker position in our view, and the stronger position is that the one who abandons prayer requires detailed consideration: if he abandons prayer out of laziness, meaning he believes in its obligation and admits that he is negligent regarding its legislator, who is our Lord, Blessed and Exalted is He, then this combines faith in his heart with disbelief in his action. In that case, his disbelief in abandoning prayer is practical disbelief, not creedal disbelief. This is our view, and we have detailed it repeatedly. I say that even according to this stronger position, it is not permissible for a woman to be content to live with this husband who abandons prayer. Why? Because he is an open sinner, at the very least. And one of the effects of this open sinfulness, over a long period of time, if not in the near future, will affect her and cause her to become lenient in many of the rulings of her religion, especially if they are blessed with sons or daughters. In that case, the contagion of this open sinner will spread to the children. Therefore, it is obligatory for the woman who is afflicted with an open sinner husband who abandons prayer, or drinks intoxicants, or commits unlawful sexual intercourse, in any of these states where the husband deserves the ruling of an open sinner according to the Shari'ah, that she must seek separation from this open sinner husband, regardless of her circumstances. This is what we testify to before Allah. Yes.