The ruling on remaining with a husband who intentionally abandons prayer
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Question:
May Allah reward you. The sister Ayn Seen from Riyadh says that she has been married for ten years and has not been blessed with children. Her husband is not careful about prayer; that is, he prays one or two days and then leaves it off. She asks: What should I do? Tell me, should I ask for a divorce from him or not? If he intentionally abandons prayer and does not pray, neither in congregation nor alone, neither in its time nor out of its time.
Answer:
It is not permissible for you to remain with him, because in that case he is a disbeliever and you are a Muslim woman. Allah (Exalted and Majestic is He) says:[Al-Mumtahanah 60:10] for them, and his disbelief is established by the text of the authentic hadith in which he (peace and blessings be upon him) said: Mishkat al-Masabih 569 And in another hadith: Sunan Ibn Majah 1079Sahih (Darussalam) to many other proofs. So if he abandons prayer completely and intentionally, he is not a Muslim unless he repents to Allah and is careful about prayer. You must file a case against him in the court and establish this against him, and the judge will look into it. Yes. May Allah reward you and bless you.
May Allah reward you. The sister Ayn Seen from Riyadh says that she has been married for ten years and has not been blessed with children. Her husband is not careful about prayer; that is, he prays one or two days and then leaves it off. She asks: What should I do? Tell me, should I ask for a divorce from him or not? If he intentionally abandons prayer and does not pray, neither in congregation nor alone, neither in its time nor out of its time.
Answer:
It is not permissible for you to remain with him, because in that case he is a disbeliever and you are a Muslim woman. Allah (Exalted and Majestic is He) 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
فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَJabir reported God’s Messenger as saying, “What lies between a man and infidelity is the abandonment of prayer.”* *This means that when a man does not make it his practice to observe the prayer he is no longer a Muslim. Muslim transmitted it.
صلى الله عليه وسلم بين العبد وبين الكفر ترك الصلاة رواه مسلمThe covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr.
الآخر العهد الذي بيننا وبينهم الصلاة فمن تركها فقد كفر،
Source
زوج التارك للصلاة — alfawzan.live
The Arabic text is a machine transcription of the audio recording.