A husband who does not pray and drinks intoxicants and narcotics: what is obligatory for his wife toward him?
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The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
May the Shaykh be respected, there is a man who does not pray, uses narcotics, and has no job, and he is married.
And his wife says: May Allah guide him as He guided others. What is the duty of her father toward him and his wife?
The Shaykh : Yes, the one who does not pray, whether he uses narcotics or not, is a disbeliever. He is a disbeliever like the Jews and the Christians, or worse, because the Jews and the Christians can be left on their religion by paying the jizyah, for example. But the one who does not pray, and he was a Muslim, is an apostate. It is not permissible to leave him on his religion, and it is not permissible for him to remain alive. Rather, he must be ordered to pray. If he prays, that is well; otherwise, he must be killed as an apostate. This is the ruling of the apostate, as the scholars (may Allah have mercy on them) mentioned in their books. It is obligatory for his wife to separate from him now. It is not permissible for him to have intercourse with her, and it is not permissible for her to allow him to have intercourse. Rather, it is not permissible for her to allow him to kiss her, nor to be alone with her. She must separate from him now, unless he returns to Islam. And let her know that if she allows him access to herself, it is as if she allowed a foreign man access to herself. We ask Allah for safety.
So, it is obligatory for her to flee from him, as one flees from a lion. Her saying: "Allah will guide him as He guided others" is not impossible. But a person has only what is present now, and the future belongs to Allah; we do not know it. Then, if she says: "Allah will guide him," let it be now. If Allah guides him and he returns to Islam, she is his wife. But if he persists in leaving off prayer, she is not his wife. The marriage contract is annulled, and he is given a respite until the waiting period expires. If he returns before the waiting period expires, and he returns to Islam, she is his wife. If he does not return, then it becomes clear that the marriage was annulled from the moment this man apostatized. Some scholars say: If she remains without a husband and he returns to Islam, even after the waiting period has expired, and she desires that he return to her, there is no harm. This is regarding his wife.
As for his case, if he dies in this state, it is forbidden to wash him, shroud him, pray over him, bury him with the Muslims, or supplicate for him with mercy and forgiveness, or give charity on his behalf, or perform Hajj on his behalf. Why? Because he is a disbeliever. And Allah the Exalted said:[At-Tawbah 9:113].
And by this we mean the one who does not pray, neither in the mosque nor in his house. As for the one who prays in his house, he is sinful and disobedient. And if he persists in that, he is among the open sinners, but he is not declared a disbeliever. Rather, we are referring to the one who does not pray at all. This is his ruling, as I mentioned.
And my advice to his wife is to fear Allah the Mighty and Majestic, and to flee from him to her family until Allah the Exalted guides him to Islam. And Allah the Mighty and Majestic did not force him to leave off prayer. He has the choice, just as he has the choice to go to the market, or to the mosque, or to any place. So he also has the choice to pray or not to pray. Who told him not to pray? Yes.
The questioner : Your Eminence, the Shaykh.
The Shaykh : Rest.
The questioner : A traveling man prayed the Maghrib prayer.
The Shaykh : Yes.
May the Shaykh be respected, there is a man who does not pray, uses narcotics, and has no job, and he is married.
And his wife says: May Allah guide him as He guided others. What is the duty of her father toward him and his wife?
The Shaykh : Yes, the one who does not pray, whether he uses narcotics or not, is a disbeliever. He is a disbeliever like the Jews and the Christians, or worse, because the Jews and the Christians can be left on their religion by paying the jizyah, for example. But the one who does not pray, and he was a Muslim, is an apostate. It is not permissible to leave him on his religion, and it is not permissible for him to remain alive. Rather, he must be ordered to pray. If he prays, that is well; otherwise, he must be killed as an apostate. This is the ruling of the apostate, as the scholars (may Allah have mercy on them) mentioned in their books. It is obligatory for his wife to separate from him now. It is not permissible for him to have intercourse with her, and it is not permissible for her to allow him to have intercourse. Rather, it is not permissible for her to allow him to kiss her, nor to be alone with her. She must separate from him now, unless he returns to Islam. And let her know that if she allows him access to herself, it is as if she allowed a foreign man access to herself. We ask Allah for safety.
So, it is obligatory for her to flee from him, as one flees from a lion. Her saying: "Allah will guide him as He guided others" is not impossible. But a person has only what is present now, and the future belongs to Allah; we do not know it. Then, if she says: "Allah will guide him," let it be now. If Allah guides him and he returns to Islam, she is his wife. But if he persists in leaving off prayer, she is not his wife. The marriage contract is annulled, and he is given a respite until the waiting period expires. If he returns before the waiting period expires, and he returns to Islam, she is his wife. If he does not return, then it becomes clear that the marriage was annulled from the moment this man apostatized. Some scholars say: If she remains without a husband and he returns to Islam, even after the waiting period has expired, and she desires that he return to her, there is no harm. This is regarding his wife.
As for his case, if he dies in this state, it is forbidden to wash him, shroud him, pray over him, bury him with the Muslims, or supplicate for him with mercy and forgiveness, or give charity on his behalf, or perform Hajj on his behalf. Why? Because he is a disbeliever. And Allah the Exalted said:
It is not for the Prophet and those who have believed to ask forgiveness for the polytheists, even if they were relatives, after it has become clear to them that they are companions of Hellfire.
مَا كَانَ لِلنَّبِيِّ وَالَّذِينَ آمَنُوا أَنْ يَسْتَغْفِرُوا لِلْمُشْرِكِينَ وَلَوْ كَانُوا أُولِي قُرْبَى مِنْ بَعْدِ مَا تَبَيَّنَ لَهُمْ أَنَّهُمْ أَصْحَابُ الْجَحِيمِAnd by this we mean the one who does not pray, neither in the mosque nor in his house. As for the one who prays in his house, he is sinful and disobedient. And if he persists in that, he is among the open sinners, but he is not declared a disbeliever. Rather, we are referring to the one who does not pray at all. This is his ruling, as I mentioned.
And my advice to his wife is to fear Allah the Mighty and Majestic, and to flee from him to her family until Allah the Exalted guides him to Islam. And Allah the Mighty and Majestic did not force him to leave off prayer. He has the choice, just as he has the choice to go to the market, or to the mosque, or to any place. So he also has the choice to pray or not to pray. Who told him not to pray? Yes.
The questioner : Your Eminence, the Shaykh.
The Shaykh : Rest.
The questioner : A traveling man prayed the Maghrib prayer.
The Shaykh : Yes.