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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a woman requesting divorce from a husband who abandons the prayer

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Question:
Sister Munira, a thousand times over, says: This question is for the Honorable Shaykh. My question and my problem, Shaykh, is that my husband stays up with his friends in his rest area until midnight, before his prayer. I have not been blessed with children from him in seven years, and I am patient and seeking reward out of fear of divorce. He is negligent in his rights toward me, and he is weak in the prayers; he prays them according to his time and according to when he gets up. So I ask you, Honorable Shaykh, is it permissible for me to request a divorce from him, and what do you advise in such a case? May Allah reward you.

Answer:
If he is praying, it is not permissible for you to request a divorce. However, if he abandons the prayer intentionally, even if it is just one prayer, then it is obligatory for him to request a divorce, unless he repents to Allah the Exalted and preserves the prayer. In that case, it is not permissible for a Muslim woman to remain with a man who abandons the prayer intentionally, because he commits disbelief by doing so. Allah the Exalted said:
And if you know them to be believersفَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ
[Al-Mumtahanah 60:10]
then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for themفَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ
[Al-Mumtahanah 60:10]
. This husband should fear Allah, remember death and the Reckoning, and realize that this worldly life is transient, and that nothing remains for him except his deeds, whether good or evil. So he should repent to Allah the Exalted, preserve the prayers, and avoid gatherings of amusement and heedlessness, for they are recorded against him and are a loss for him, and he will regret them on the Day of Resurrection.
Allah the Exalted said:
In the name of Allah, the Entirely Merciful, the Especially Merciful.بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ
[Al-Fatihah 1:1]
(1) By time, (2) Indeed, mankind is in loss, (3) Except for those who have believed and done righteous deeds and advised each other to truth and advised each other to patience.وَالْعَصْرِ إِنَّ الْإِنسَانَ لَفِي خُسْرٍ إِلَّا الَّذِينَ آمَنُوا وَعَمِلُوا الصَّالِحَاتِ وَتَوَاصَوْا بِالْحَقِّ وَتَوَاصَوْا بِالصَّبْرِ
[Al-'Asr 103:1-3]
. This is the time that a person wastes, and he will regret it, and it will be a loss for him on the Day of Resurrection, because Allah enabled him to work and gave him life, and he wasted it in amusement and play, wasting it in what perishes and vanishes, while leaving what remains and endures. This is the great loss that cannot be compensated. So he should repent to Allah, and so should those like him. We are all negligent, and we are all sinners, so we must repent to Allah and return to Allah, and make up for our time before it is lost, and make up for the time before it passes, for we will lose it on the Day of Resurrection. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، نور على الدرب 256 من المجموعة الثالثة للشيخ صالح الفوزان — youtube.com (5:17)

The Arabic text is a machine transcription of the audio recording.

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