What is the ruling on the marriage of a person who sought guidance (istikharah), whose affairs were made easy, and then married someone who does not pray, watches movies, treats his wife badly by beating, cursing, and insulting her, and swears by divorce but does not adhere to it? What is the correct action in such a situation, especially with the fear that the children might emulate him? Is it permissible to agree on separation without a Shariah-compliant divorce, with the husband bearing the expenses?

First: It is recommended to supplicate and entreat Allah Almighty to reform the husband, in accordance with His saying: "Call upon Me; I will respond to you."

Second: Istikhara (seeking guidance from Allah) is a type of supplication; it facilitates what is good for the supplicant and averts evil from them. It has conditions that must be adhered to, such as not having a pre-existing inclination towards a specific matter.

Third: The husband should be advised with wisdom and good admonition, and warned of the dire consequences of neglecting prayer and injustice. Assistance can be sought from righteous individuals. If his conduct improves, then praise be to Allah. Otherwise, request a divorce from him, even in exchange for compensation that you pay him. If divorce occurs, custody is yours as long as you do not remarry.

Fourth: Separation without divorce is not recommended, as it leaves the wife in limbo and she may be exposed to temptations. She must return to the marital home and not leave except with her husband's permission.

Fifth: The oath of divorce has the ruling of a conditional divorce. If the sworn-upon condition is not met, the divorce does not occur, and no expiation for the oath is required.