Should a wife seek divorce from her husband if he abandons prayer after marriage, or should she continue advising him for a long period?
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The questioner : The questioners from Libya, P.J.M.T., ask in this question: Should a woman seek divorce from her husband if he abandons prayer after marriage, or should she continue advising him for a long period?
The Shaykh : If the husband abandons prayer after the marriage contract, his wife should advise him. If he repents within a period not exceeding the end of the waiting period, there is no harm, and the marriage remains. If she menstruates three times after he abandons prayer, the marriage is annulled, and she must separate from him. This is because the stronger opinion among the scholars is that one who abandons prayer is a disbeliever who has apostatized from Islam. If he marries in this state, the marriage is invalid, and it must be renewed if he repents and returns to the religion of Allah. If he abandons prayer after the marriage contract is made, and he has not yet consummated the marriage with his wife, the marriage is annulled immediately. If he has consummated the marriage, one waits until she menstruates three times from the time he abandoned prayer, and then the contract is annulled, or rather, it becomes clear that it was annulled from the time he abandoned prayer. This is because the scriptural evidence indicates the disbelief of one who abandons prayer. Among this is the saying of Allah the Exalted regarding the polytheists:[At-Tawbah 9:11] The implication of this noble verse is that if they do not establish prayer, they are not our brothers in religion, and religious brotherhood is not negated except by pure disbelief.
And among the evidence for this is the saying of the Prophet (peace and blessings be upon him and his family):Sahih Muslim 82b And his saying (peace and blessings be upon him): Sunan Ibn Majah 1079Sahih (Darussalam).
And among the evidence for this is the saying of the Commander of the Faithful, 'Umar ibn al-Khattab (may Allah be pleased with him): "There is no share in Islam for one who abandons prayer". Indeed, 'Abdullah ibn Shaqiq, the famous Tabi'i (may Allah have mercy on him), said: "The Companions of the Prophet (peace and blessings be upon him and his family) did not consider any act of worship whose abandonment is disbelief except prayer". This is a report of the consensus of the Companions that they did not consider any act of worship whose abandonment is disbelief except prayer. And because the meaning necessitates this, a man who persists in abandoning prayer while knowing its importance, and given what has come in the verses and hadiths regarding the reward for performing it and the punishment for abandoning it, indicates that the man has no faith in his heart at all. If he had any faith in his heart, what is in his heart would deter him from abandoning it completely. Yes.
The questioner : May Allah bless you, O honorable Shaykh.
The Shaykh : If the husband abandons prayer after the marriage contract, his wife should advise him. If he repents within a period not exceeding the end of the waiting period, there is no harm, and the marriage remains. If she menstruates three times after he abandons prayer, the marriage is annulled, and she must separate from him. This is because the stronger opinion among the scholars is that one who abandons prayer is a disbeliever who has apostatized from Islam. If he marries in this state, the marriage is invalid, and it must be renewed if he repents and returns to the religion of Allah. If he abandons prayer after the marriage contract is made, and he has not yet consummated the marriage with his wife, the marriage is annulled immediately. If he has consummated the marriage, one waits until she menstruates three times from the time he abandoned prayer, and then the contract is annulled, or rather, it becomes clear that it was annulled from the time he abandoned prayer. This is because the scriptural evidence indicates the disbelief of one who abandons prayer. Among this is the saying of Allah the Exalted 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 الدّينِAnd among the evidence for this is the saying of the Prophet (peace and blessings be upon him and his family):
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 كفرAnd among the evidence for this is the saying of the Commander of the Faithful, 'Umar ibn al-Khattab (may Allah be pleased with him): "There is no share in Islam for one who abandons prayer". Indeed, 'Abdullah ibn Shaqiq, the famous Tabi'i (may Allah have mercy on him), said: "The Companions of the Prophet (peace and blessings be upon him and his family) did not consider any act of worship whose abandonment is disbelief except prayer". This is a report of the consensus of the Companions that they did not consider any act of worship whose abandonment is disbelief except prayer. And because the meaning necessitates this, a man who persists in abandoning prayer while knowing its importance, and given what has come in the verses and hadiths regarding the reward for performing it and the punishment for abandoning it, indicates that the man has no faith in his heart at all. If he had any faith in his heart, what is in his heart would deter him from abandoning it completely. Yes.
The questioner : May Allah bless you, O honorable Shaykh.