Is the one who drinks intoxicants a disbeliever?
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Fatwa number ( 516 )
Q 1: He married his daughter to a man whose condition he was unaware of, then it became clear to him that he drinks intoxicants and does not care about the rulings of the Shari'ah, and he asks: Is he allowed to take his daughter back from him? Q 2: If a person drinks intoxicants while he is careful to maintain
the prayers, is he a disbeliever or a Muslim?
A 1: If the matter is as the questioner described, that he married his daughter to a man whose condition he was unaware of, and then it became clear to him that he drinks intoxicants and does not care about the rulings of the Shari'ah, then the condition of this man is not free from one of two things: either he is negligent regarding the rulings of the Shari'ah out of contempt for them and lack of faith in their legislation, in which case, may Allah protect us, he is a disbeliever, and the marriage contract with his wife is annulled due to his disbelief and apostasy, and this is done through the Shari'ah judge. Or, if his drinking of intoxicants and negligence regarding the rulings of the Shari'ah is out of laxity while he has faith in their legislation, then he is an open sinner, and his open sinfulness does not take him out of the religion of Islam. Open sinfulness is considered a legal defect that gives the woman the right to demand the annulment of the marriage from one who is proven to possess it and persists in it, and this is done through the Shari'ah judge.
Allah the Exalted forbade the drinking of intoxicants and prohibited them in the clear text of His Book and on the tongue of His Messenger. He the Exalted said:[Al-Ma'idah 5:90] And he (peace and blessings be upon him) denied perfect faith, which is obligatory, from the one who drinks them, saying: Sahih Muslim 57a So the one who drinks intoxicants is a believer by his faith, an open sinner by his major sin, and he is under the will of Allah the Exalted: if He wills, He will punish him, and if He wills, He will forgive him. He the Exalted said: [An-Nisa 4:48] And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q 1: He married his daughter to a man whose condition he was unaware of, then it became clear to him that he drinks intoxicants and does not care about the rulings of the Shari'ah, and he asks: Is he allowed to take his daughter back from him? Q 2: If a person drinks intoxicants while he is careful to maintain
the prayers, is he a disbeliever or a Muslim?
A 1: If the matter is as the questioner described, that he married his daughter to a man whose condition he was unaware of, and then it became clear to him that he drinks intoxicants and does not care about the rulings of the Shari'ah, then the condition of this man is not free from one of two things: either he is negligent regarding the rulings of the Shari'ah out of contempt for them and lack of faith in their legislation, in which case, may Allah protect us, he is a disbeliever, and the marriage contract with his wife is annulled due to his disbelief and apostasy, and this is done through the Shari'ah judge. Or, if his drinking of intoxicants and negligence regarding the rulings of the Shari'ah is out of laxity while he has faith in their legislation, then he is an open sinner, and his open sinfulness does not take him out of the religion of Islam. Open sinfulness is considered a legal defect that gives the woman the right to demand the annulment of the marriage from one who is proven to possess it and persists in it, and this is done through the Shari'ah judge.
Allah the Exalted forbade the drinking of intoxicants and prohibited them in the clear text of His Book and on the tongue of His Messenger. He the Exalted said:
indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful.
إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالأَنْصَابُ وَالأَزْلامُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَThe fornicator who fornicates is not a believer so long as he commits it and no thief who steals is a believer as long as he commits theft, and no drunkard who drinks wine is a believer as long as he drinks it.
لا يزني الزاني حين يزني وهو مؤمن، ولا يسرق السارق حين يسرق وهو مؤمن، ولا يشرب الخمر حين يشربها وهو مؤمنIndeed, Allah does not forgive association with Him, but He forgives what is less than that for whom He wills
إِنَّ اللَّهَ لاَ يَغْفِرُ أَنْ يُشْرَكَ بِهِ وَيَغْفِرُ مَا دُونَ ذَلِكَ لِمَنْ يَشَاءُ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.