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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A man proposed to my sister and wished to marry her, but he does not pray. Is it permissible for us to marry her to him, because my mother says she knows this man and his mother is her friend?

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The questioner : He says in it that a man proposed to his sister and wished to marry her, but this man does not pray. Is it permissible for us to marry our sister to him? He says: Because my mother says that I know this man and his mother is my friend? Is there any sin on us for preventing this marriage? We ask the honorable Shaykh for guidance and advice, and may we be rewarded.

The Shaykh : My guidance and advice to this mother who wants this man to marry her daughter is to fear Allah the Mighty and Majestic in herself and in her daughter, and not to try to marry her to this man. This is because this man who has abandoned prayer is a disbeliever, an apostate, and outside of Islam. A disbeliever who is an apostate and outside of Islam is not permissible to be married to a Muslim woman under any circumstances, even if he is from her paternal uncles or relatives who are permitted to marry her. It is not permissible for them to marry her as long as they do not pray.
The one who abandons prayer is a disbeliever by the indication of the Qur'an and the Sunnah, the sayings of the Companions (may Allah be pleased with them), and the correct reasoning. We have spoken about this many times from this pulpit, and others have also spoken about it from the honorable scholars. In the Book of Allah, Allah the Mighty and Majestic says 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 وَءاتَوُا الزَّكَاةَ فَإِخْوَانُكُمْ فِي الدِّينِ وَنُفَصِّلُ الآيَاتِ لِقَوْمٍ يَعْلَمُونَ
[At-Tawbah 9:11]
So Allah, Glorified and Exalted is He, made three conditions for them to be our brothers in religion: repentance from shirk (associating partners with Allah), establishing prayer, and giving zakah (the obligatory alms). It is known that what is conditional cannot be realized except by the presence of the condition. If the condition is absent, the conditioned thing is absent.
It is known that if they do not repent from shirk, they are not our brothers in religion, because a polytheist is not a brother to a Muslim in religion, even if he is a brother to him in lineage. And if they do not establish prayer, they are not our brothers in religion, even if they are our brothers in lineage.
And if they do not give zakah, they are not our brothers in religion, even if they are our brothers in lineage. This is the implication of the verse, meaning the implication of its concept. However, zakah is excluded from this concept due to what is established in "Sahih Muslim" from Abu Hurayrah (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him) said:
If 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 يؤدي منها حقها، إلا إذا كان يوم القيامة صفّحت له صفائح من النار 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 النار
Sahih Muslim 987a
This hadith indicates that the one who withholds zakah is not a disbeliever, because if he were a disbeliever, he would have no way to Paradise. Accordingly, this ruling is excluded from the concept of the verse by the indication of this hadith, and the first two rulings remain as they are for the one who persists in shirk and the one who abandons prayer.
As for the Sunnah, it is established in "Sahih Muslim" from the Messenger of Allah (peace and blessings be upon him) in the hadith of Jabir (may Allah be pleased with him) that he said, meaning 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 الصلاة
Sahih Muslim 82b
And in a hadith narrated by the people of the Sunan from Buraydah (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said:
The 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 كفر
Sunan Ibn Majah 1079Sahih (Darussalam)
It is known that the distinction implies that what is separated by it, each one is distinct from the other. So shirk is on one side, and the act of prayer is on another side. The disbelievers are on one side, and the believers are on another side. The separator between them is prayer. So whoever performs it is from the believing Muslims, and whoever does not perform it is from the disbelieving polytheists. And this shirk, even though it is not worship of other than Allah, is shirk in opposing the command of Allah the Mighty and Majestic, as He said:
Have you seen the one who has taken his desire as his god? أَفَرَأَيْتَ مَنِ اتَّخَذَ إِلَهَهُ هَوَاهُ
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As for the sayings of the Companions (may Allah be pleased with them), it is authentic from the Commander of the Faithful, 'Umar ibn al-Khattab (may Allah be pleased with him), that he said: "There is no share in Islam for the one who abandons prayer". And 'Abdullah ibn Shaqiq, who is from the Tabi'un (the generation after the Companions), 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 prayer".
Ishaq ibn Rahawayh, the famous Imam, narrated the consensus (ijma') on the disbelief of the one who abandons prayer.
As for the correct reasoning regarding the disbelief of the one who abandons prayer, it is known that no other deed has what has been mentioned regarding prayer in terms of encouragement and exhortation to it, both in action and description, and the punishment for its abandoner, and the manner of its obligation. Indeed, Allah the Exalted obligated this prayer, rather, these five prayers, upon His Prophet (peace and blessings be upon him) in the highest place reached by humans and in the best night for the Messenger of Allah (peace and blessings be upon him). He obligated it, Glorified and Exalted is He, without an intermediary between Him and His Prophet (peace and blessings be upon him). He obligated it, Glorified and Exalted is He, upon His servants as fifty prayers in the day and night, until Allah granted by His favor and reduced it to five prayers in action, which are fifty in the scale.
All of this indicates Allah's care for it and that it has a status that no other worship has. For this reason, it is distinguished by the fact that its abandoner is a disbeliever with a disbelief that takes him out of the religion.
There is no doubt that this issue is subject to scholarly disagreement. Some of the scholars said: The one who abandons it does not become a disbeliever, meaning those who said that the one who abandons prayer does not become a disbeliever. It is known that the return of the believers in the case of disagreement is to the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him), by His saying:
And in anything over which you disagree - its ruling is [to be referred] to Allah. وَمَا اخْتَلَفْتُمْ فِيهِ مِنْ شَيْءٍ فَحُكْمُهُ إِلَى اللَّهِ
[Ash-Shuraa 42:10]
And by His saying:
And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result. فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا
[An-Nisa 4:59]
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And if we return this disagreement to the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him), it becomes clear to us that both the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him) imply that the one who abandons prayer is a disbeliever with a disbelief that takes him out of the religion. And we have mentioned the evidence for that.
As for what those who said there is no takfir (declaring someone a disbeliever) argued with, their evidence does not go beyond one of five categories. Either they are weak and contain no proof, because the weak is discarded and not used as proof in establishing a thing, meaning in establishing a ruling. So how can it be used to oppose explicit and authentic evidence?
Or they contain no indication at all, and it is not possible for them to indicate that the one who abandons prayer is not a disbeliever, neither near nor far. Even if they are authentic in chain, the argumentation with them is discarded due to their lack of indication for opposition.
Or they are restricted to a state in which the one who abandons prayer is excused, as in the hadith of Hudhayfah ibn al-Yaman (may Allah be pleased with him) from the Prophet (peace and blessings be upon him) regarding a people among whom Islam was lost until they did not grasp from it except "La ilaha illa Allah" (There is no god but Allah). These people are excused because they did not know anything of the rulings of Islam. So if they die upon the saying "La ilaha illa Allah" with their hearts submitting to Allah and their outward appearance conforming to what they knew of the religion of Allah, then they are not judged as disbelievers, but they are believers. However, this is the limit of their capacity. And Allah the Exalted said:
Allah does not charge a soul except [with that within] its capacity لا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَا
[Al-Baqarah 2:286]
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Or the evidence they argued with is restricted by a description that makes it impossible to the utmost degree for a person to abandon the five prayers, as in the hadith of 'Atban ibn Malik (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said:
Indeed, Allah has forbidden the Fire to the one who says: There is no god but Allah, seeking thereby the Face of Allah. إن الله حرّم على النار من قال: لا إله إلا الله يبتغي بذلك وجه الله
Sahih Ibn Khuzaymah 3:173
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It is known that this hadith is not to be taken in its absolute sense. Because if we took it in its absolute sense, we would say that every sinner, no matter how great his sin, is forbidden from the Fire and cannot enter it, if he says "La ilaha illa Allah" seeking thereby the Face of Allah. And no one says this, because there is no sinner who has not deserved entering the Fire by his sin for which entering the Fire was established. But if he is not a disbeliever with a disbelief that takes him out of the religion, he exits the Fire by the causes that Allah the Exalted made causes for exiting the Fire.
And if this hadith is not to be taken in its absolute sense, then we say: Its description by his saying:
Narrated 'Urban bin Malik: who attended the Badr battle and was from the Ansar, that he came to the Prophet (ﷺ) and said, "O Allah's Apostle! I have lost my eyesight and I lead my people in the prayer (as an Imam). When it rains, the valley which is between me and my people, flows with water, and then I cannot go to their mosque to lead them in the prayer. O Allah's Messenger (ﷺ)! I wish that you could come and pray in my house so that I may take it as a praying place. The Prophet (ﷺ) said, "Allah willing, I will do that." The next morning, soon after the sun had risen, Allah's Messenger (ﷺ) came with Abu Bakr. The Prophet (ﷺ) asked for the permission to enter and I admitted him. The Prophet (ﷺ) had not sat till he had entered the house and said to me, "Where do you like me to pray in your house?" I pointed at a place in my house whereupon he stood and said, "Allahu Akbar." We lined behind him and he prayed two rak`at and finished it with Taslim. We then requested him to stay for a special meal of Khazira which we had prepared. A large number of men from the adjoining area gathered in the house. One of them said, "Where is Malik bin Ad-Dukhshun?" Another man said, "He is a hypocrite and does not love Allah and His Apostle." The Prophet said, "Do not say so. Do you not think that he has said: "None has the right to be worshipped but Allah," seeking Allah's pleasure? The man said, "Allah and His Apostle know better, but we have always seen him mixing with hypocrites and giving them advice." The Prophet (ﷺ) said, "Allah has forbidden the (Hell) Fire for those who testify that none has the right to be worshipped but Allah, seeking Allah's pleasure. " يبتغي بذلك وجه الله
Sahih al-Bukhari 5401
prevents abandoning the five prayers. Because no one who says "La ilaha illa Allah" seeking thereby the Face of Allah can ever abandon the five prayers. Because the seeker of a thing must seek it. And it is known that the path leading to Allah, among the most important of which is following this path, is establishing prayer.
Accordingly, there is no evidence in this hadith for what they held, because it is not valid to argue with it affirmatively or negatively.
The fifth category is that the hadiths are general, so they are specified by the hadiths indicating the disbelief of the one who abandons prayer. The stronger position, whose strength is not hidden from one who considers the evidence while freeing himself from any prior belief, is that the one who abandons prayer is a disbeliever with a disbelief that takes him out of the religion, even if he believes that it is obligatory.
Based on what we have mentioned here and what we mentioned previously, it is not permissible to marry a man who does not pray to a Muslim woman. How easy it is for this man to be guided, repent to Allah, and rid himself of his disbelief by establishing the prayer. Then, at that time, we will marry him. We say: If someone comes to us whose religion and character we are pleased with, we will marry him, as the Messenger of Allah (peace and blessings be upon him) commanded us to do.
To summarize, I say to these brothers: Do not marry this man to your sister, for that is forbidden for you. Even if you contract the marriage for him, the marriage is invalid and not valid, due to the saying of Allah the Exalted regarding the believing emigrant women:
then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them فَلا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لا هُنَّ حِلٌّ لَهُمْ وَلا هُمْ يَحِلُّونَ لَهُنَّ
[Al-Mumtahanah 60:10]
Even if the mother is angry because of not marrying her off, you have only angered her for the sake of the pleasure of Allah (Mighty and Majestic). The pleasure of Allah takes precedence over the pleasure of anyone else. Whoever seeks the pleasure of Allah through the displeasure of people, Allah will suffice him regarding the burden of people and will make their displeasure a source of pleasure. And whoever seeks the pleasure of people through the displeasure of Allah, Allah will be displeased with him and will make the people displeased with him.
And I say to these brothers, and to others among the listeners as well, that it is never permissible to obey a parent, or anyone other than a parent, in disobedience to Allah. Yes.

The questioner : May Allah bless you, O honorable Shaykh.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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