Is it permissible for a girl's guardian to request a divorce on her behalf from her husband due to his open sinfulness?
Machine translationRead the Arabic original
Question:
Does a girl's guardian have the right to request a divorce for his daughter from a husband who drinks intoxicants and does not pray?
Answer:
Yes, if he does not pray, meaning he abandons the prayer entirely, not praying alone or with the congregation, abandoning the prayer entirely, then it is not permissible for a Muslim woman to remain with him. If she remains with him, this is forbidden and the marriage is invalid, because a Muslim woman does not remain with a disbeliever. So[Al-Mumtahanah 60:10] the polytheists until they believe. It is not permissible for a Muslim woman to remain with a man who abandons the prayer intentionally and completely; it is not permissible for a Muslim woman to remain with him.
Does a girl's guardian have the right to request a divorce for his daughter from a husband who drinks intoxicants and does not pray?
Answer:
Yes, if he does not pray, meaning he abandons the prayer entirely, not praying alone or with the congregation, abandoning the prayer entirely, then it is not permissible for a Muslim woman to remain with him. If she remains with him, this is forbidden and the marriage is invalid, because a Muslim woman does not remain with a disbeliever. So
do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them. But give the disbelievers what they have spent
تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ وَآتُوهُم مَّا أَنفَقُوا
Source
قناة «العلامة الدكتور صالح الفوزان»، هل يجوز لولي الفتاة طلب الطلاق لابنته لفسوق زوجها؟ للشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.