If one of the two spouses is a Mushrik (one who associates others with Allah in His Divinity or worship), calling on other than Allah and sacrificing to them, may Allah save us, is it the judge's right to separate the couple?
In case the wife maintains monotheism, does her opinion affect the ruling of separation or not?
It is not permissible for a Muslim wife to remain married to a Mushrik husband, nor a Mushrik wife to remain with a Muslim husband. Allah (Glorified be He) states:
And do not marry Al-Mushrikât (idolatresses, etc.) till they believe (worship Allâh Alone). And indeed a slave woman who believes is better than a (free) Mushrikah (idolatress), even though she pleases you. And give not (your daughters) in marriage to Al-Mushrikûn till they believe (in Allâh Alone) and verily, a believing slave is better than a (free) Mushrik (idolater), even though he pleases you.
Allah (Glorified and Exalted be He) says:
They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them.
(Part No. 18; Page No. 301) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.