about the ruling on a marriage contract where the witnesses do not pray, or the bride's agent does not pray?
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Question:
He asks about the ruling on a marriage contract where the witnesses do not pray, or the bride's agent does not pray. No.
Answer:
It is not permissible to marry a Muslim woman to a man who does not pray, and it is not permissible for a Muslim man to marry a woman who does not pray, because abandoning the prayer is disbelief in Allah the Exalted. It is not permissible for a Muslim to marry a disbeliever, and it is not permissible for a Muslim woman to marry a disbeliever. Allah the Exalted said: "And do not marry polytheistic women until they believe." And the Messenger (peace and blessings be upon him) said: "Do not marry the polytheists until they believe."
And Allah the Exalted said: "And do not hold onto the bonds of polytheism." Allah the Exalted said: "So do not return them to the disbelievers"[Al-Mumtahanah 60:10].
The conclusion is that it is not permissible for a Muslim to marry a disbeliever except a woman from the People of the Book. A woman from the People of the Book is permissible for a Muslim to marry. Allah the Exalted said:[Al-Ma'idah 5:5].
As for anyone other than a woman from the People of the Book, it is not permissible for a Muslim to marry a disbeliever who is not from the People of the Book.
Likewise, the guardian must be a Muslim if the woman is a Muslim. A disbeliever does not act as guardian for Muslim women. And Allah the Exalted said:[An-Nisa 4:141]. It is not permissible for a disbeliever to act as guardian in the marriage contract of a Muslim woman. May Allah reward you with good.
He asks about the ruling on a marriage contract where the witnesses do not pray, or the bride's agent does not pray. No.
Answer:
It is not permissible to marry a Muslim woman to a man who does not pray, and it is not permissible for a Muslim man to marry a woman who does not pray, because abandoning the prayer is disbelief in Allah the Exalted. It is not permissible for a Muslim to marry a disbeliever, and it is not permissible for a Muslim woman to marry a disbeliever. Allah the Exalted said: "And do not marry polytheistic women until they believe." And the Messenger (peace and blessings be upon him) said: "Do not marry the polytheists until they believe."
And Allah the Exalted said: "And do not hold onto the bonds of polytheism." Allah the Exalted said: "So do not return them to the disbelievers"
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 conclusion is that it is not permissible for a Muslim to marry a disbeliever except a woman from the People of the Book. A woman from the People of the Book is permissible for a Muslim to marry. Allah the Exalted said:
chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their due compensation
وَالْمُحْصَنَاتُ مِنَ الْمُؤْمِنَاتِ وَالْمُحْصَنَاتُ مِنَ الَّذِينَ أُوتُوا الْكِتَابَ مِن قَبْلِكُمْ إِذَا آتَيْتُمُوهُنَّ أُجُورَهُنَّAs for anyone other than a woman from the People of the Book, it is not permissible for a Muslim to marry a disbeliever who is not from the People of the Book.
Likewise, the guardian must be a Muslim if the woman is a Muslim. A disbeliever does not act as guardian for Muslim women. And Allah the Exalted said:
and never will Allah give the disbelievers over the believers a way [to overcome them].
وَلَن يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلًا
Source
قناة «العلامة الدكتور صالح الفوزان»، يسأل عن الحكم في عقد زواج الشهود لا يصلون أو وكيل العروس لا يصلي؟ الشيخ صالح بن فوزان الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.