Her husband does not pray and breaks his fast during the day in Ramadan, so should she demand separation from him?
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The questioner:
May Allah reward you with good and do you well. A sister of ours from Jordan says that she has been married for two years and is now thirty-three years old, and her husband is forty-five years old. But the issue is that this husband is absent from her for most of his life, going here and there to seek a livelihood. Then she describes him as not praying, and when he comes to her during Ramadan, he enters and is not fasting and does not pray. He asks her not to tell anyone about him. Then he is stingy with her and is absent from her for long periods, to the extent that he does not send her anything for seven months except what is equivalent to one hundred riyals. Then, at that point, she consults you, Shaykh Salim: should she be patient with this man given what she has mentioned to you, or do you advise her of something else? It is known that he treats her in a manner different from how husbands treat their wives, as he hides everything from her, even his travel and marriage. May Allah reward you with good.
The Shaykh:
This is not a husband for her, as long as she is a Muslim and he is in this state, not praying and not fasting Ramadan, for he is not a Muslim, and it is not permissible for her to remain with him, by the saying of the Exalted and Majestic:[Al-Baqarah 2:221] and not [Al-Baqarah 2:221] This is the position of al-Shafi'i,
The presenter:
Yes.
The Shaykh:
[Al-Baqarah 2:221].
He said:[Al-Mumtahanah 60:10] [Al-Mumtahanah 60:10], so it is not permissible for you to remain with this husband who insists on abandoning prayer and continues to do so, and moreover does not fast Ramadan, violates the month, and breaks his fast, may Allah protect us, during the day of Ramadan. So this is not a Muslim, and it is not permissible for you to remain with him. Let us set aside his negligence in maintenance and his absence from you; these are forbidden matters, but greater than this is that he does not pray and that he does not fast Ramadan, while he is present, resident, and healthy. So this is a reckless person,
The questioner:
May Allah reward you with good, and do you well. What is the way out in that case, Shaykh Salih? Does she go to the Sharia court here?
The Shaykh:
The way out is that she demands separation from him. If he separates from her without a court, praise be to Allah. Otherwise, she goes to the court and demands separation from him.
May Allah reward you with good and do you well. A sister of ours from Jordan says that she has been married for two years and is now thirty-three years old, and her husband is forty-five years old. But the issue is that this husband is absent from her for most of his life, going here and there to seek a livelihood. Then she describes him as not praying, and when he comes to her during Ramadan, he enters and is not fasting and does not pray. He asks her not to tell anyone about him. Then he is stingy with her and is absent from her for long periods, to the extent that he does not send her anything for seven months except what is equivalent to one hundred riyals. Then, at that point, she consults you, Shaykh Salim: should she be patient with this man given what she has mentioned to you, or do you advise her of something else? It is known that he treats her in a manner different from how husbands treat their wives, as he hides everything from her, even his travel and marriage. May Allah reward you with good.
The Shaykh:
This is not a husband for her, as long as she is a Muslim and he is in this state, not praying and not fasting Ramadan, for he is not a Muslim, and it is not permissible for her to remain with him, by the saying of the Exalted and Majestic:
And do not marry polytheistic women until they believe
وَلَا تَنكِحُوا الْمُشْرِكَاتِ حَتَّىٰ يُؤْمِنَّAnd a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men
وَلَأَمَةٌ مُّؤْمِنَةٌ خَيْرٌ مِّن مُّشْرِكَةٍ وَلَوْ أَعْجَبَتْكُمْ وَلَا تُنكِحُوا الْمُشْرِكِينَThe presenter:
Yes.
The Shaykh:
And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite [you] to the Fire, but Allah invites to Paradise and to forgiveness, by His permission.
وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا وَلَعَبْدٌ مُّؤْمِنٌ خَيْرٌ مِّن مُّشْرِكٍ وَلَوْ أَعْجَبَكُمْ أُولَٰئِكَ يَدْعُونَ إِلَى النَّارِ وَاللَّهُ يَدْعُو إِلَى الْجَنَّةِ وَالْمَغْفِرَةِ بِإِذْنِهِHe said:
And if you know them to be believers, then do not return them
فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّthey are not lawful [wives] for them, nor are they lawful [husbands] for them
لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّThe questioner:
May Allah reward you with good, and do you well. What is the way out in that case, Shaykh Salih? Does she go to the Sharia court here?
The Shaykh:
The way out is that she demands separation from him. If he separates from her without a court, praise be to Allah. Otherwise, she goes to the court and demands separation from him.
Source
قناة «العلامة الدكتور صالح الفوزان»، 4800- زوجها لا يصلي ويفطر في نهار رمضان فهل تطالبه بالفراق؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.