A man who abandons prayer and fasting, and his wife prays and fasts: what is the ruling on the validity of their marriage, and does the statement of Allah the Exalted apply to them?
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The questioner : His first question says: A man who is Muslim by name does not pray, does not give zakah, and breaks his fast for much of Ramadan, while his wife is a Muslim woman who adheres to all of the pure religion. What is the ruling on the validity of her marriage, and does the verse from Surat al-Mumtahanah apply to them? [Al-Mumtahanah 60:10] Yes.
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. We understood from this question that these two spouses, one of them being the husband, is Muslim by name, in that he claims to be Muslim, but he does not pray, does not give zakah, and does not fast except for part of the month. As for his wife, she is a committed Muslim woman. This situation of the husband—his failure to establish prayer, his failure to give zakah, and his failure to fast Ramadan except for part of it—must be either before the marriage contract or after the marriage contract. If it was before the contract, then it is based on the view that the one who abandons prayer is a disbeliever. If we say that he becomes a disbeliever, then his contract with the Muslim woman is an invalid contract that does not make her lawful to him. This is because, by the consensus of the Muslims, a disbeliever is not permitted to marry a Muslim woman, as Allah the Exalted said:[Al-Mumtahanah 60:10] This is a point on which there is no disagreement among the Muslims that a disbeliever, whether he is a disbeliever by origin or an apostate, is not permitted to marry a Muslim woman, and that his contract with her is invalid, and there is no doubt in this. The view that the one who abandons prayer is a disbeliever, even if he acknowledges its obligation, is the stronger position indicated by the Qur'an and the Sunnah. It is reported as the consensus of the Companions (may Allah be pleased with them), and it is the well-known position in the madhhab of Imam Ahmad (may Allah have mercy on him), and one of the two views of al-Shafi'i.
As for if the husband married her while he was a committed Muslim, and then he abandoned prayer, zakah, and part of the fasting of Ramadan, if we say that he becomes a disbeliever—and this is the correct view—then his marriage is annulled without divorce; it is annulled. If he repents and returns to Islam and prays before the completion of the waiting period, if the waiting period became obligatory for her because he had intercourse with her, then she is his wife. If the waiting period ends before he repents and prays, then he has no right over her and no authority over her. However, the scholars differed on whether the completion of the waiting period reveals the annulment of the marriage, such that he has no right to take her back except by a new contract, or whether the completion of the waiting period removes the husband's authority over her, such that if he becomes a Muslim afterwards, he may take her back by the first marriage. There is disagreement among the scholars on this, and this is not the place to discuss it and mention the evidence. As for if he contracted the marriage with her while he was upright, but before he had intercourse with her, he became one who abandons prayer, zakah, and part of fasting, then by the mere abandonment of prayer, the marriage is annulled, because this is before intercourse and there is no waiting period involved.
The conclusion is that this husband who abandoned prayer falls into one of three cases. The first case is that this was before the contract, in which case the contract is not valid.
The questioner : Yes.
The Shaykh : And the wife is not lawful to him by it.
The second case is that it was after the contract and before intercourse or seclusion that obligates the waiting period. In this case, the marriage is annulled by the mere abandonment of prayer.
The third case is that it was after intercourse or seclusion that obligates the waiting period. In this case, the matter depends on the completion of the waiting period. If he repents and prays before it ends, she is his wife. If he does not do so, and the waiting period ends, then we have established that it was annulled from the time the apostasy occurred, may Allah protect us from that. At that point, either he has no right to take her back, or he has the right to take her back if he becomes a Muslim and she desires it, according to the disagreement among the scholars on this issue.
All of this that we have preferred is based on our view that the one who abandons prayer commits disbelief that takes him out of the religion. I have considered this issue carefully, reviewed what was available of the books, and researched it, and it did not become clear to me except that the view that he is a disbeliever is the stronger position, and that the evidence of those who said he is not a disbeliever falls into one of four categories: either there is no evidence in them at all, or they are restricted by a meaning that makes abandoning prayer impossible, or they are restricted by a state in which one is excused for abandoning prayer, or they are general statements that are specified by the evidence of the disbelief of the one who abandons prayer.
The questioner : Yes.
The Shaykh : Yes.
The questioner : His second question says.
And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them
فإن علمتمهون مؤمنات فلا ترجعوهن إلى الكفار لا هن حلٌ لهم ولا هم يحلون لهنThe Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. We understood from this question that these two spouses, one of them being the husband, is Muslim by name, in that he claims to be Muslim, but he does not pray, does not give zakah, and does not fast except for part of the month. As for his wife, she is a committed Muslim woman. This situation of the husband—his failure to establish prayer, his failure to give zakah, and his failure to fast Ramadan except for part of it—must be either before the marriage contract or after the marriage contract. If it was before the contract, then it is based on the view that the one who abandons prayer is a disbeliever. If we say that he becomes a disbeliever, then his contract with the Muslim woman is an invalid contract that does not make her lawful to him. This is because, by the consensus of the Muslims, a disbeliever is not permitted to marry a Muslim woman, as Allah the Exalted said:
O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them
يا أيها الذين ءامنوا إذا جاءكم المؤمنات مهاجرات فامتحنوهن الله أعلم بإيمانهن فإن علمتموهن مؤمنات فلا ترجعون إلى الكفار لا هن حل لهم ولا هم يحلون لهنAs for if the husband married her while he was a committed Muslim, and then he abandoned prayer, zakah, and part of the fasting of Ramadan, if we say that he becomes a disbeliever—and this is the correct view—then his marriage is annulled without divorce; it is annulled. If he repents and returns to Islam and prays before the completion of the waiting period, if the waiting period became obligatory for her because he had intercourse with her, then she is his wife. If the waiting period ends before he repents and prays, then he has no right over her and no authority over her. However, the scholars differed on whether the completion of the waiting period reveals the annulment of the marriage, such that he has no right to take her back except by a new contract, or whether the completion of the waiting period removes the husband's authority over her, such that if he becomes a Muslim afterwards, he may take her back by the first marriage. There is disagreement among the scholars on this, and this is not the place to discuss it and mention the evidence. As for if he contracted the marriage with her while he was upright, but before he had intercourse with her, he became one who abandons prayer, zakah, and part of fasting, then by the mere abandonment of prayer, the marriage is annulled, because this is before intercourse and there is no waiting period involved.
The conclusion is that this husband who abandoned prayer falls into one of three cases. The first case is that this was before the contract, in which case the contract is not valid.
The questioner : Yes.
The Shaykh : And the wife is not lawful to him by it.
The second case is that it was after the contract and before intercourse or seclusion that obligates the waiting period. In this case, the marriage is annulled by the mere abandonment of prayer.
The third case is that it was after intercourse or seclusion that obligates the waiting period. In this case, the matter depends on the completion of the waiting period. If he repents and prays before it ends, she is his wife. If he does not do so, and the waiting period ends, then we have established that it was annulled from the time the apostasy occurred, may Allah protect us from that. At that point, either he has no right to take her back, or he has the right to take her back if he becomes a Muslim and she desires it, according to the disagreement among the scholars on this issue.
All of this that we have preferred is based on our view that the one who abandons prayer commits disbelief that takes him out of the religion. I have considered this issue carefully, reviewed what was available of the books, and researched it, and it did not become clear to me except that the view that he is a disbeliever is the stronger position, and that the evidence of those who said he is not a disbeliever falls into one of four categories: either there is no evidence in them at all, or they are restricted by a meaning that makes abandoning prayer impossible, or they are restricted by a state in which one is excused for abandoning prayer, or they are general statements that are specified by the evidence of the disbelief of the one who abandons prayer.
The questioner : Yes.
The Shaykh : Yes.
The questioner : His second question says.