My family does not pray, does not fast, and swears oaths by other than Allah, and I have failed in advising them. Is it permissible to separate from them permanently, knowing that they have rights of obedience over me?
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Question: My family does not pray, does not fast, and swears oaths by other than Allah, and I have failed in advising them. Is it permissible to separate from them permanently, knowing that they have rights of obedience over me? What should I do? I ask for your advice in what you see fit, and may Allah guide you.
Answer: If he means by his family his wife, and that she does not pray and does not fast, then it is obligatory for him to advise her and command her to pray and fast, and to adhere to the Shari'ah and perform it as Allah has made obligatory upon her. If she complies and repents to Allah (Glorified and Exalted is He), then he keeps her with him. But if she persists in refusing to pray and fast, then she is not a Muslim, and it is not permissible for him to keep her;because of His saying, the Exalted: [Al-Mumtahanah: 10], and the one who deliberately leaves off prayer is undoubtedly a disbeliever.
And if she does not affirm its obligation, then her disbelief is agreed upon by the scholars. And if she affirms its obligation but leaves it off out of laziness and negligence, then she is likewise a disbeliever
in the most correct of the scholars' opinions, which is supported by the authentic evidence from the Book and the Sunnah. So if this woman persists in leaving off prayer and fasting, then it is not permissible for you to keep her in your protection; because she is not a Muslim, and it is not permissible for a Muslim to marry a disbelieving woman who is not from the People of the Book.
As for swearing oaths by other than Allah, this is minor shirk (associating partners with Allah), and one must repent from it and stay away from it;As he (peace and blessings be upon him) said:Riyad as-Salihin 1711 ،And in another hadith: Sahih al-Bukhari 2679 .
Swearing oaths by other than Allah is minor shirk (associating partners with Allah), and it is obligatory for the Muslim to repent from it and to restrict himself to swearing oaths by Allah (Mighty and Majestic); because swearing is an act of exalting, and exalting is the right of Allah (Glorified and Exalted is He).
As for if he means by his family, for example, his household members such as his brothers and his parents, then it is obligatory for him to advise them and to disapprove of their actions.
So if they do not accept the advice and persist in leaving off prayer and fasting, then it is obligatory for him to separate from them and to boycott them;because of His saying, the Exalted: [Al-Mujadilah: 22] the verse.
Answer: If he means by his family his wife, and that she does not pray and does not fast, then it is obligatory for him to advise her and command her to pray and fast, and to adhere to the Shari'ah and perform it as Allah has made obligatory upon her. If she complies and repents to Allah (Glorified and Exalted is He), then he keeps her with him. But if she persists in refusing to pray and fast, then she is not a Muslim, and it is not permissible for him to keep her;because of His saying, the Exalted:
And hold not to marriage bonds with disbelieving women
وَلَا تُمْسِكُوا بِعِصَمِ الْكَوَافِرِAnd if she does not affirm its obligation, then her disbelief is agreed upon by the scholars. And if she affirms its obligation but leaves it off out of laziness and negligence, then she is likewise a disbeliever
in the most correct of the scholars' opinions, which is supported by the authentic evidence from the Book and the Sunnah. So if this woman persists in leaving off prayer and fasting, then it is not permissible for you to keep her in your protection; because she is not a Muslim, and it is not permissible for a Muslim to marry a disbelieving woman who is not from the People of the Book.
As for swearing oaths by other than Allah, this is minor shirk (associating partners with Allah), and one must repent from it and stay away from it;As he (peace and blessings be upon him) said:
He who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirk
من حلف بغير الله فقد كفر أو أشركWhoever has to take an oath should swear by Allah or remain silent.
من كان حالفًا فليحلف بالله أو ليصمتSwearing oaths by other than Allah is minor shirk (associating partners with Allah), and it is obligatory for the Muslim to repent from it and to restrict himself to swearing oaths by Allah (Mighty and Majestic); because swearing is an act of exalting, and exalting is the right of Allah (Glorified and Exalted is He).
As for if he means by his family, for example, his household members such as his brothers and his parents, then it is obligatory for him to advise them and to disapprove of their actions.
So if they do not accept the advice and persist in leaving off prayer and fasting, then it is obligatory for him to separate from them and to boycott them;because of His saying, the Exalted: