Her husband sells alcohol and does not pray
3-4-2007 | IslamWeb
Question:
I am a recent convert to Islam (practising Muslim Alhamdulillah) married to a non-practising muslim who has given up the prayer, and is selling alcohol along with other haram activities. I have been married for three and a half years, and during that time I have asked him to pray, and I have also asked others who he respects to ask him to pray. He is not taking any notice to the point where he says he doesn't care. I have recently separated from him and moved to my aunts house (who is a practising muslim also alhamdulillah). My question is what shalll I do now? According to the Qur'an and Sunnah. How long do I need to leave it before I take divorce?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, all perfect praise be to Allaah, Who guided you to Islam and we ask Him to make you firm and steadfast on His Religion until the day you meet Him, and we welcome you in our site.
If the situation is as you mentioned in the question that your husband does not perform the prayer, sells intoxicants and does not listen to the people who advise him, then you did well by separating from him as there is no good in staying with a husband who does not perform the prayer. Therefore, you should ask him to divorce you, and if he refuses then you should ask him to divorce you in return for compensation. If again he does not respond, take the matter to the nearest Islamic center so that they would study your case and divorce you from him by an Islamic judge if necessary.
For more benefit on what a wife should do if her husband does not perform the prayer, please refer to Fataawa 88932 and 88010, and Fatwa 89039 on Khul' (asking for divorce in return for compensation).