The ruling on a wife remaining with her husband who abandons prayer
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Question:
May Allah reward you with good. Honorable Shaykh, this is a sister asking the program. She says she has been married for ten years and has not been blessed with children. She is from a righteous family, and she also says her name is Muhammad. She is observant of the obligatory prayers and all the commands of Allah (Mighty and Majestic). She says her husband is not observant of the prayer; he prays for a day or two, then abandons it for a period. She asks: What should I do? Please tell me, should I ask for a divorce first?
Answer:
This husband who does not pray is not a Muslim, and she is a Muslim woman. It is not permissible for a Muslim woman to remain in the marriage bond of a man who is not a Muslim. So, the moment he intentionally abandons the prayer, she has exited his marriage bond, and it is not permissible for her to remain with him, unless he repents immediately, in which case she returns to him. But if he persists in abandoning the prayer, it is not permissible for her to remain with him. Allah the Exalted said:[Al-Mumtahanah 60:10] And intentionally abandoning the prayer is disbelief. The Messenger (peace and blessings be upon him) said: Between the servant and disbelief is the abandonment of prayer. He (peace and blessings be upon him) said: Sunan Ibn Majah 1079Sahih (Darussalam) So Muwatta Malik 2:52 And it is not permissible to marry a Muslim woman to him, and if he has a Muslim woman with him, they are to be separated. But she must go to the court in this matter and prove that her husband does not pray; at that point, the judge looks into her situation.
May Allah reward you with good. Honorable Shaykh, this is a sister asking the program. She says she has been married for ten years and has not been blessed with children. She is from a righteous family, and she also says her name is Muhammad. She is observant of the obligatory prayers and all the commands of Allah (Mighty and Majestic). She says her husband is not observant of the prayer; he prays for a day or two, then abandons it for a period. She asks: What should I do? Please tell me, should I ask for a divorce first?
Answer:
This husband who does not pray is not a Muslim, and she is a Muslim woman. It is not permissible for a Muslim woman to remain in the marriage bond of a man who is not a Muslim. So, the moment he intentionally abandons the prayer, she has exited his marriage bond, and it is not permissible for her to remain with him, unless he repents immediately, in which case she returns to him. But if he persists in abandoning the prayer, it is not permissible for her to remain with him. Allah the Exalted said:
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
فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّThe covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr.
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Source
البقاء مع زوج لا يصلي — alfawzan.live
The Arabic text is a machine transcription of the audio recording.