Is the marriage contract valid when the fiancée does not pray, despite her adherence to hijab and proper conduct, and she begins to pray after the marriage, given that the fiancé prays?
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The questioner : I would like to ask Your Eminence a question about the validity of the marriage contract in the following matters: when the fiancée does not pray, despite her adherence to hijab and proper conduct, and she begins to pray after the marriage, given that the fiancé prays.
The second point is when the fiancé does not pray and the fiancée prays.
Third, when both spouses do not pray.
Fourth, when the wife’s guardian does not pray.
And finally, what are the conditions for the witnesses to the contract, and if they do not pray, what is the ruling in this case? May Allah reward you.
The Shaykh : These are four matters, all of which relate to the marriage contract. The first matter: if the fiancée does not pray, but she is committed to hijab and other laws of Islam, and the fiancé prays, and after the contract is completed, the fiancée repents and begins to pray, the answer to this matter is that the contract in this case is not valid, because a woman who does not pray is a disbeliever whose disbelief takes her out of the religion, according to the stronger opinion. And a woman whose disbelief takes her out of the religion is not lawful for a Muslim to marry. If he does so, the marriage is invalid; the woman is not lawful to him, and the rulings of marriage do not apply to it. This is based on the saying of Allah the Exalted regarding the emigrant women:[Al-Mumtahanah 60:10] The remedy for this is to repeat the contract after she begins to pray, so that the contract is from a Muslim to a Muslim woman.
And so it is with the second matter mentioned by the questioner, which is if the fiancé does not pray and the fiancée prays, and then the contract is completed and the fiancé begins to pray. We say that the contract is not valid, because it is a contract from a non-Muslim to a Muslim woman, and a contract of a non-Muslim with a Muslim woman is not valid. The remedy for this is to repeat the contract after the person, or after the fiancé, commits to prayer.
The third matter is if neither spouse prays, meaning that each of them is an apostate from Islam, and then a marriage contract is made for them. This is a point of hesitation for me, because if I return to the words of the jurists (may Allah have mercy on them) and their statement that the marriage of an apostate is not valid, whether he is a man or a woman, this implies that the marriage of two apostates is not established, because it occurred from people who are not qualified to contract marriage. This is the apparent meaning of the words of the jurists (may Allah have mercy on them). And if I look at the fact that the marriage between original disbelievers is valid, and the Prophet (peace and blessings be upon him) approved the marriages of the disbelievers and did not invalidate any of them, even though they occurred while the husband and wife were in a state of disbelief, I say that if I look at that, it obligates me to say that the contract between them is valid. The precaution in such a case is to repeat the contract, for that is safer for the conscience and further from doubt.
As for the fourth matter, which is when the woman’s guardian does not pray, the marriage is also not valid. This is because this guardian who does not pray is a disbeliever, and a disbeliever has no guardianship over a Muslim. The remedy for this is to tell the guardian: either return to Islam and commit to prayer and perform it, or another guardian should marry her, who is the closest one.
As for the fifth matter, which is the conditions of the two witnesses to the contract, it is required in the two witnesses to the marriage contract what is required in other testimonies, namely that the two witnesses be from those witnesses whom we accept. Yes.
The questioner : May Allah bless you, Shaykh Muhammad, for what you have presented to us.
The second point is when the fiancé does not pray and the fiancée prays.
Third, when both spouses do not pray.
Fourth, when the wife’s guardian does not pray.
And finally, what are the conditions for the witnesses to the contract, and if they do not pray, what is the ruling in this case? May Allah reward you.
The Shaykh : These are four matters, all of which relate to the marriage contract. The first matter: if the fiancée does not pray, but she is committed to hijab and other laws of Islam, and the fiancé prays, and after the contract is completed, the fiancée repents and begins to pray, the answer to this matter is that the contract in this case is not valid, because a woman who does not pray is a disbeliever whose disbelief takes her out of the religion, according to the stronger opinion. And a woman whose disbelief takes her out of the religion is not lawful for a Muslim to marry. If he does so, the marriage is invalid; the woman is not lawful to him, and the rulings of marriage do not apply to it. This is based on the saying of Allah the Exalted regarding the emigrant women:
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 فَلا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لا هُنَّ حِلٌّ لَهُمْ وَلا هُمْ يَحِلُّونَ لَهُنَّAnd so it is with the second matter mentioned by the questioner, which is if the fiancé does not pray and the fiancée prays, and then the contract is completed and the fiancé begins to pray. We say that the contract is not valid, because it is a contract from a non-Muslim to a Muslim woman, and a contract of a non-Muslim with a Muslim woman is not valid. The remedy for this is to repeat the contract after the person, or after the fiancé, commits to prayer.
The third matter is if neither spouse prays, meaning that each of them is an apostate from Islam, and then a marriage contract is made for them. This is a point of hesitation for me, because if I return to the words of the jurists (may Allah have mercy on them) and their statement that the marriage of an apostate is not valid, whether he is a man or a woman, this implies that the marriage of two apostates is not established, because it occurred from people who are not qualified to contract marriage. This is the apparent meaning of the words of the jurists (may Allah have mercy on them). And if I look at the fact that the marriage between original disbelievers is valid, and the Prophet (peace and blessings be upon him) approved the marriages of the disbelievers and did not invalidate any of them, even though they occurred while the husband and wife were in a state of disbelief, I say that if I look at that, it obligates me to say that the contract between them is valid. The precaution in such a case is to repeat the contract, for that is safer for the conscience and further from doubt.
As for the fourth matter, which is when the woman’s guardian does not pray, the marriage is also not valid. This is because this guardian who does not pray is a disbeliever, and a disbeliever has no guardianship over a Muslim. The remedy for this is to tell the guardian: either return to Islam and commit to prayer and perform it, or another guardian should marry her, who is the closest one.
As for the fifth matter, which is the conditions of the two witnesses to the contract, it is required in the two witnesses to the marriage contract what is required in other testimonies, namely that the two witnesses be from those witnesses whom we accept. Yes.
The questioner : May Allah bless you, Shaykh Muhammad, for what you have presented to us.