From `Abdul `Aziz Bin `Abdullah Ibn Baz to the honorable sister... May Allah guide her to what pleases Him and help her understand and stick to Islam!
On Monday Jumadah II 14, 1411 A.H. corresponding to December 31, 1990, I got your letter in which you explained the case of your husband who ostensibly embraced Islam and so you agreed to marry him and had two children from him. Then, it became clear to you that he abuses and ridicules Islam; he says that religions are superstitions; he does not offer Salah (prayer), Sawm (fast), Zakah (obligatory charity) or Hajj, he drinks Khamr (intoxicant) and eats pork.
If you are right concerning what you said, the husband in question is not a Muslim nor a Christian; rather, he is an atheist Kafir (disbeliever). We ask Allah to save you from him. It is not permissible for you to stay with him; you should ask for Talaq (divorce) and Allah will compensate you with something better, in sha'a-Allah (if Allah wills).
In Surah (Qur'anic chapter) Al-Talaq, Allah (Glorified be He) says: And whosoever fears Allâh and keeps his duty to Him, He will make a way for him to get out (from every difficulty). And He will provide him from (sources) he never could imagine.
and whosoever fears Allâh and keeps his duty to Him, He will make his matter easy for him.
You have the right to keep your children, for he is Kafir and you are Muslim. Children follow the parent who has the best religion and the religion of Islam is Al-Haqq (the Truth) and other creeds are false.
In Surah Al-`Imran, Allah (Glorified and Exalted be He) says: Truly, the religion with Allâh is Islâm.
Allah (Glorified be He) also says: And whoever seeks a religion other than Islâm, it will never be accepted of him, and in the Hereafter he will be one of the losers.
And in Surah Al-Ma'idah: This day, I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islâm as your religion.
I ask Allah (Glorified and Exalted be He) to help us all stick to Islam, grant you a way out from every distress and relief from every anxiety and to compensate you with a better Muslim husband. I ask Him (Glorified be He) to also guide your husband to Islam, bring him back to Al-Haqq and protect him from the evil of himself, Satan and bad companions. He (Glorified and Exalted be He) is the Most Generou and Omnipotent.
Chairman of the Departments of Scholarly Research, Ifta', Daw`ah, and Guidance