My wife's father does not pray, and naturally, he was her guardian at the time of the contract. Is my marriage valid, and what should I do if it is not, considering that I have a daughter with her?
Machine translationRead the Arabic original
The questioner : I am a young Egyptian working in the Kingdom, married for two years, and I have a daughter. My wife's father does not pray, but he does not deny that prayer is an obligatory duty of Islam, even though his wife is devout and committed to the rules and manners of Islam. Naturally, her father was her agent during the marriage. Is this marriage and contract valid? If the marriage is not valid, what should I do? Please advise us, may Allah reward you.
The Shaykh : The validity of a marriage contracted by a guardian who does not pray depends on the disagreement among scholars regarding the one who abandons prayer. Whoever says that the one who abandons prayer is a disbeliever, in a disbelief that takes him out of the religion, even if he acknowledges its obligation, holds that the contract in this case is not valid and that you must renew the contract with your wife from the beginning, because a disbeliever cannot validly be the guardian of a Muslim woman.
And whoever holds that the one who abandons prayer, while acknowledging its obligation, does not commit a disbelief that takes him out of the religion, then this contract is valid in his view, except according to those who hold that justice is a condition for the guardian. In that case, the contract is also not valid, because this guardian is not just, but rather an open sinner, one of the most sinful of open sinners, may Allah protect us from that.
The stronger opinion in this issue is that the one who abandons prayer absolutely is a disbeliever, in a disbelief that takes him out of the religion. This is due to the indications of the Book and the Sunnah, the statements of the Companions (may Allah be pleased with them), and the correct reasoning regarding his disbelief.
Among the evidence from the Book is the saying of Allah the Exalted regarding the polytheists:[At-Tawbah 9:11] The aspect of indication from this verse is that Allah the Exalted made three conditions for the polytheists to be our brothers in religion: repentance from shirk (associating partners with Allah), establishing prayer, and giving zakah (the obligatory alms). If these conditions, or one of them, are lacking, brotherhood in religion is not realized. And brotherhood in religion is not negated except by what takes one out of the religion. So sins do not take a person out of brotherhood in the religion of Allah. The evidence for this is that one of the greatest of sins is killing a believer, and Allah the Exalted called the killer a brother of the one killed in His saying: [Al-Baqarah 2:178] And His saying: [Al-Hujurat 49:9-10] Fighting a believer against his brother is among the greatest of sins and open sinfulness.
So whoever does not pray is not our brother in the religion of Allah, and thus he is a disbeliever. As for the saying of Allah the Exalted: This third condition is indicated by the Sunnah to mean that one does not become a disbeliever if this condition is lacking in his case. When the Prophet (peace and blessings be upon him) mentioned the punishment for the one who withholds zakah, he said: Sunan Abi Dawud 1658Sahih (Al-Albani) And the fact that it is possible for him to see a way to Paradise indicates that he does not become a disbeliever.
Among the evidence from the Sunnah is the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 82b. As for the statements of the Companions, Abdullah ibn Shaqiq said: "The Companions of the Prophet (peace and blessings be upon him) did not consider any of the deeds to be disbelief if abandoned, except prayer." More than one scholar has transmitted the consensus of the Companions that the one who abandons prayer is a disbeliever, in a disbelief that takes him out of the religion. As for the correct reasoning, it is because one who knows the status of prayer in Islam, the care of Allah the Exalted for it, and its importance, cannot abandon it absolutely while possessing any amount of faith. So the stronger opinion is that the one who abandons prayer absolutely, never praying it, is a disbeliever, in a disbelief that takes him out of the religion, even if he believes in its obligation. Based on this, I advise you to renew the marriage contract that this man who does not pray contracted for you, so that you may be certain of your affair and your heart may be at ease.
The questioner : May Allah thank you and magnify your reward.
The Shaykh : The validity of a marriage contracted by a guardian who does not pray depends on the disagreement among scholars regarding the one who abandons prayer. Whoever says that the one who abandons prayer is a disbeliever, in a disbelief that takes him out of the religion, even if he acknowledges its obligation, holds that the contract in this case is not valid and that you must renew the contract with your wife from the beginning, because a disbeliever cannot validly be the guardian of a Muslim woman.
And whoever holds that the one who abandons prayer, while acknowledging its obligation, does not commit a disbelief that takes him out of the religion, then this contract is valid in his view, except according to those who hold that justice is a condition for the guardian. In that case, the contract is also not valid, because this guardian is not just, but rather an open sinner, one of the most sinful of open sinners, may Allah protect us from that.
The stronger opinion in this issue is that the one who abandons prayer absolutely is a disbeliever, in a disbelief that takes him out of the religion. This is due to the indications of the Book and the Sunnah, the statements of the Companions (may Allah be pleased with them), and the correct reasoning regarding his disbelief.
Among the evidence from the Book is the saying of Allah the Exalted regarding the polytheists:
But if they repent, establish prayer, and give zakah, then they are your brothers in religion; and We detail the verses for a people who know.
فَإِنْ تَابُوا وَأَقَامُوا الصَّلاةَ وَآتَوُا الزَّكَاةَ فَإِخْوَانُكُمْ فِي الدِّينِ وَنُفَصِّلُ الآيَاتِ لِقَوْمٍ يَعْلَمُونَO you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالأُنثَى بِالأُنثَى فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ(9) And if two factions among the believers should fight, then make settlement between the two. But if one of them oppresses the other, then fight against the one that oppresses until it returns to the ordinance of Allah. And if it returns, then make settlement between them in justice and act justly. Indeed, Allah loves those who act justly. (10) The believers are but brothers, so make settlement between your brothers. And fear Allah that you may receive mercy.
وَإِنْ طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا فَإِنْ بَغَتْ إِحْدَاهُمَا عَلَى الأُخْرَى فَقَاتِلُوا الَّتِي تَبْغِي حَتَّى تَفِيءَ إِلَى أَمْرِ اللَّهِ فَإِنْ فَاءَتْ فَأَصْلِحُوا بَيْنَهُمَا بِالْعَدْلِ وَأَقْسِطُوا إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ * إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ فَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْSo whoever does not pray is not our brother in the religion of Allah, and thus he is a disbeliever. As for the saying of Allah the Exalted:
and give zakah
وَآتَوُا الزَّكَاةَhe sees whether his path is to take him to Paradise or to Hell
ثم يرى سبيله إما إلى الجنة وإما إلى النارAmong the evidence from the Sunnah is the saying of the Prophet (peace and blessings be upon him):
Between man and polytheism and unbelief is the abandonment of salat.
بين الرجل وبين الشرك والكفر ترك الصلاةThe questioner : May Allah thank you and magnify your reward.