What is the ruling on a woman whose husband does not pray?

Question:
I am a married woman with two children, and my husband does not pray at all, not even the Friday prayer. Is it permissible to ask for a divorce? Please note that I am currently in my parents' home for this reason.

Answer:
If the husband does not pray, the marriage is invalid. It is no longer valid for you to remain with him. The woman must distance herself from him, and he must not approach her. Likewise, if she does not pray, the husband must not approach her, because she is a disbeliever. The correct opinion among scholars is that one who abandons prayer commits disbelief. The Prophet (peace and blessings be upon him) said: . Therefore, if a man or a woman intentionally abandons prayer, they commit disbelief. He must not approach her if she does not pray, and she is not lawful for him if he does not pray. Rather, she should distance herself from him and go to her family. Then, if he repents and returns, he may return to her.
And likewise, if she does not pray, he should distance himself from her and advise her and discipline her. If she repents, that is fine; otherwise, she is not lawful for him. This is what is required, because prayer is the pillar of Islam. One who denies its obligation commits disbelief by the consensus of the Muslims, and one who abandons it out of negligence commits disbelief according to the most correct of the scholars' opinions. This is based on the saying of the Prophet (peace and blessings be upon him): , and he (peace and blessings be upon him) said: , which Muslim narrated in his Sahih.
And the Prophet (peace and blessings be upon him) said regarding the rulers when he was asked about them: "Shall we fight them?" He said: , and in the other wording: . This indicates that the failure to establish prayer is open disbelief—may Allah protect us.
Q: If he repents?
The Shaykh: If he repents, he returns to her. There is no harm in that.
Q: Is the first contract valid?
The Shaykh: Yes, if the contract was made while they were both Muslims and praying, and then he abandoned prayer, and then he repents, she returns to him if she is still in the waiting period. She returns to him. However, after the waiting period, this is a matter of consideration.
Q: With a new contract?
The Shaykh: During the waiting period, no new contract is needed as long as she has not had three menstrual periods after he abandoned prayer, and if she is pregnant, as long as she has not given birth. However, if it is after she has given birth or after three menstrual periods, the majority of scholars hold that a new contract is necessary. Some scholars say: As long as she has not married another man and she desires him, she returns to him without a new contract. This is closer to the truth. If he embraces Islam and returns to his religion, and she remains unmarried and desires him, she is returned to him.
Q: And the divorce count, O Shaykh?
The Shaykh: And a new contract is safer. No, it does not count as a divorce. A new contract is safer if she has already exited the waiting period.