Is it permissible for a scholar to perform the marriage contract for a man who does not pray, and if he does, is there a sin upon him?
Machine translationRead the Arabic original
The questioner : This is a questioner for the program who sent a set of questions. In the first question, he says: “O honorable Shaykh, is it permissible for a scholar to perform the marriage contract for a man who does not pray, and if he does, is there a sin upon him?”
The Shaykh : The man who does not pray is a disbeliever who has apostatized from Islam. Thus, abandoning the prayer is disbelief, as indicated by the evidence of the Book, the Sunnah, the statements of the Companions, and correct reasoning.
As for the Book, Allah Blessed and Exalted is He said regarding the polytheists:[At-Tawbah 9:11] So Allah the Exalted made three conditions for their brotherhood in religion to be established: repentance from shirk (associating partners with Allah), establishing the prayer, and giving zakah (the obligatory alms). And whatever is contingent upon a condition, whether it is a single condition or a compound one, is established by its establishment and negated by its negation. It is known that if the polytheists do not repent from shirk, they are polytheists and not our brothers in religion. Likewise, if they do not establish the prayer, they are polytheists and not our brothers in religion. And likewise, if they do not give zakah, they are polytheists and not our brothers in religion. This is the apparent meaning of the verse. However, the Sunnah has indicated that the one who withholds zakah does not become a disbeliever, as in Sahih Muslim from the hadith of Abu Hurayrah that the Prophet (peace and blessings be upon him) said: Sahih Muslim 987a The fact that he is punished for withholding zakah, and then sees his path either to Paradise or to the Fire, indicates that he does not become a disbeliever, because if he had become a disbeliever, he would not have a path to Paradise.
As for the one who abandons the prayer, the apparent meaning of the verse is that he becomes a disbeliever and a polytheist, and this is supported by the Sunnah. It is established from the Prophet (peace and blessings be upon him) that he said:Sahih Muslim 82b And he said: Sunan Ibn Majah 1079Sahih (Darussalam) So these are two proofs, one from the Qur'an and the other from the Sunnah, regarding the disbelief of the one who abandons the prayer.
As for the statements of the Companions, some scholars have transmitted the consensus of the Companions that the one who abandons the prayer is a disbeliever. Among those who transmitted this is Abdullah ibn Shaqiq, the famous Tabi'i (successor), who said: “The Companions of the Messenger of Allah (peace and blessings be upon him) did not consider any of the deeds to be disbelief if abandoned, except the prayer.” Imam Ishaq ibn Rahawayh transmitted it, and Ibn Hazm (may Allah have mercy on him) transmitted it from about a dozen Companions, stating that he does not know of any Companion who contradicted them. So these are three proofs: the Qur'an, the Sunnah, and the statements of the Companions.
The fourth proof is correct reasoning. It is not possible for a person who has faith in Allah, His Messenger, and the Last Day in his heart to persist in abandoning the prayer, which is the pillar of religion and the most important of the bodily acts. For whoever persists in abandoning it, despite its greatness and its status in the religion, does not have faith in his heart, even if he claims to be a believer. We say: If faith were truly in your heart, you would never abandon the prayer.
Those who do not consider the abandonment of prayer to be disbelief have clung to evidence, some of which is weak and does not constitute a proof on its own, let alone be opposed by stronger evidence. Some of it has no indication whatsoever. Some of it is general but specified by the proofs of the disbelief of the one who abandons the prayer. Some of it involves a person who is excused, where he does not know of Islam except the testimony that there is no god but Allah and that Muhammad is the Messenger of Allah. And some of it is restricted by a condition that prevents the abandonment of the prayer, such as the hadith of Utban ibn Malik:Sahih Ibn Khuzaymah 3:173 For whoever seeks thereby the Face of Allah cannot leave the prayer, which is the greatest of the pillars of Islam after the two testimonies.
We have a small treatise on this matter, small in size but great in benefit. Whoever wishes to look into it should do so, for whoever examines the evidence with knowledge and fairness will see that. And based on this, it is not permissible for anyone to perform the marriage contract for a man who does not pray to a Muslim woman, because a disbeliever is not permitted to marry a Muslim woman under any circumstances. Allah Blessed and Exalted is He said:[Al-Mumtahanah 60:10] And Allah Blessed and Exalted is He said: [Al-Baqarah 2:221] So it is not permissible for the guardian of the woman, whether her father, brother, uncle, or anyone else, to marry her to a man who does not pray, no matter how good his character is with people and no matter how much wealth he has, for his disbelief prevents him from marrying a Muslim woman. And the one authorized to perform marriage contracts, who writes the contracts, is not permitted to perform the marriage contract for a person who does not pray to a Muslim woman once he knows that. Yes.
The questioner : So, may Allah preserve you, O honorable Shaykh. Does the one who performs marriage contracts have to investigate this about the suitor?
The Shaykh : No, it is not obligatory for him to do so, because the original state is that he is a Muslim and that he prays. But if he knows that he does not pray, then it is not permissible for him to complete the contract, and he must advise the guardians of the woman not to marry this man.
The questioner : May Allah reward you and bless you, O Shaykh Muhammad.
The Shaykh : The man who does not pray is a disbeliever who has apostatized from Islam. Thus, abandoning the prayer is disbelief, as indicated by the evidence of the Book, the Sunnah, the statements of the Companions, and correct reasoning.
As for the Book, Allah Blessed and Exalted is He said regarding the polytheists:
But if they repent, establish prayer, and give zakah, then they are your brothers in religion
فَإِن تابوا وَأَقامُوا الصَّلاةَ وَءاتَوُا الزَّكاةَ فَإِخوانُكُم فِي الدّينِIf any owner of gold or silver does not pay what is due on him, when the Day of Resurrection would come, plates of fire would be beaten out for him; these would then be heated in the fire of Hell and his sides, his forehead and his back would be cauterized with them. Whenever these cool down, (the process is) repeated during a day the extent of which would be fifty thousand years, until judgment is pronounced among servants, and he sees whether his path is to take him to Paradise or to Hell.
ما من صاحب ذهب ولا فضة لا يؤدّي منها حقها إلا إذا كان يوم القيامة صفّحت له صفائح من نار وأحمي عليها في نار جهنم فيكوى به جنبه وجبينه وظهره كلما بردت أعيدت في يوم كان مقداره خمسين ألف سنة حتى يُقضى بين العباد ثم يرى سبيله إما إلى الجنة وإما إلى النارAs for the one who abandons the prayer, the apparent meaning of the verse is that he becomes a disbeliever and a polytheist, and this is supported by the Sunnah. It is established from the Prophet (peace and blessings be upon him) that he said:
Between man and polytheism and unbelief is the abandonment of salat.
بين الرجل وبين الشرك والكفر ترك الصلاةThe covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr.
العهد الذي بيننا وبينهم الصلاة فمن تركها فقد كفرAs for the statements of the Companions, some scholars have transmitted the consensus of the Companions that the one who abandons the prayer is a disbeliever. Among those who transmitted this is Abdullah ibn Shaqiq, the famous Tabi'i (successor), who said: “The Companions of the Messenger of Allah (peace and blessings be upon him) did not consider any of the deeds to be disbelief if abandoned, except the prayer.” Imam Ishaq ibn Rahawayh transmitted it, and Ibn Hazm (may Allah have mercy on him) transmitted it from about a dozen Companions, stating that he does not know of any Companion who contradicted them. So these are three proofs: the Qur'an, the Sunnah, and the statements of the Companions.
The fourth proof is correct reasoning. It is not possible for a person who has faith in Allah, His Messenger, and the Last Day in his heart to persist in abandoning the prayer, which is the pillar of religion and the most important of the bodily acts. For whoever persists in abandoning it, despite its greatness and its status in the religion, does not have faith in his heart, even if he claims to be a believer. We say: If faith were truly in your heart, you would never abandon the prayer.
Those who do not consider the abandonment of prayer to be disbelief have clung to evidence, some of which is weak and does not constitute a proof on its own, let alone be opposed by stronger evidence. Some of it has no indication whatsoever. Some of it is general but specified by the proofs of the disbelief of the one who abandons the prayer. Some of it involves a person who is excused, where he does not know of Islam except the testimony that there is no god but Allah and that Muhammad is the Messenger of Allah. And some of it is restricted by a condition that prevents the abandonment of the prayer, such as the hadith of Utban ibn Malik:
Indeed, Allah has forbidden the Fire for whoever says “La ilaha illa Allah” seeking thereby the Face of Allah
إن الله حرّم على النار من قال لا إله إلا الله يبتغي بذلك وجه اللهWe have a small treatise on this matter, small in size but great in benefit. Whoever wishes to look into it should do so, for whoever examines the evidence with knowledge and fairness will see that. And based on this, it is not permissible for anyone to perform the marriage contract for a man who does not pray to a Muslim woman, because a disbeliever is not permitted to marry a Muslim woman under any circumstances. Allah Blessed and Exalted is He said:
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
فَإِن عَلِمتُموهُنَّ مُؤمِناتٍ فَلا تَرجِعوهُنَّ إِلَى الكُفّارِ لا هُنَّ حِلٌّ لَهُم وَلا هُم يَحِلّونَ لَهُنَّAnd do not marry polytheistic men [to your women] until they believe
وَلا تُنكِحُوا المُشرِكينَ حَتّى يُؤمِنواThe questioner : So, may Allah preserve you, O honorable Shaykh. Does the one who performs marriage contracts have to investigate this about the suitor?
The Shaykh : No, it is not obligatory for him to do so, because the original state is that he is a Muslim and that he prays. But if he knows that he does not pray, then it is not permissible for him to complete the contract, and he must advise the guardians of the woman not to marry this man.
The questioner : May Allah reward you and bless you, O Shaykh Muhammad.