A woman whose husband does not pray and she fears for her children
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Question:
This is a question from a woman whose husband never prays, not even on Friday. She has three children and daughters who have reached maturity. This man insults her, prevents her from seeing her family, mocks her, and ridicules the religion. She now wants to leave him, but she is afraid for her children and daughters, especially because he watches pornographic films. She fears that the judge will rule that the children are better off with him. May Allah reward you. What is your guidance?
Answer:
First, religion is more binding than children. It is not permissible for a Muslim woman to remain with a man who does not pray, because the one who deliberately abandons prayer is a disbeliever, and it is not permissible for a Muslim woman to remain with a disbeliever.
Just as it is not permissible for a Muslim man to marry a disbelieving woman,[Al-Baqarah 2:221], nor [Al-Baqarah 2:221], [Al-Mumtahanah 60:10], it is not permissible for a believing woman to remain with a disbeliever or an apostate, whether a disbeliever from the start or an apostate. Therefore, if both spouses are disbelievers, and then the wife becomes a Muslim, or the husband becomes a Muslim, the marriage is dissolved between them. However, she remains in the waiting period ('iddah). If he becomes a Muslim, she is his wife. If the waiting period ends and he has not become a Muslim, she is divorced from him; she is separated from him. So she must go to the court to request separation from him.
The children will not be under his custody while they are Muslims and he is a disbeliever. The judge will rule in her favor regarding the children, as she is a Muslim and he is a disbeliever.
The presenter:
May Allah reward you,
This is a question from a woman whose husband never prays, not even on Friday. She has three children and daughters who have reached maturity. This man insults her, prevents her from seeing her family, mocks her, and ridicules the religion. She now wants to leave him, but she is afraid for her children and daughters, especially because he watches pornographic films. She fears that the judge will rule that the children are better off with him. May Allah reward you. What is your guidance?
Answer:
First, religion is more binding than children. It is not permissible for a Muslim woman to remain with a man who does not pray, because the one who deliberately abandons prayer is a disbeliever, and it is not permissible for a Muslim woman to remain with a disbeliever.
Just as it is not permissible for a Muslim man to marry a disbelieving woman,
And do not marry polytheistic women until they believe
وَلَا تَنكِحُوا الْمُشْرِكَاتِ حَتَّىٰ يُؤْمِنَّAnd a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men [to your women] until they believe
وَلَأَمَةٌ مُّؤْمِنَةٌ خَيْرٌ مِّن مُّشْرِكَةٍ وَلَوْ أَعْجَبَتْكُمْ وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُواAnd 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
فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّThe children will not be under his custody while they are Muslims and he is a disbeliever. The judge will rule in her favor regarding the children, as she is a Muslim and he is a disbeliever.
The presenter:
May Allah reward you,
Source
شرح كتاب الصيام من كتاب هداية الراغب، شرح كتاب الصيام من هداية الراغب [5] — alfawzan.live (38:06)
The Arabic text is a machine transcription of the audio recording.