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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on a woman seeking divorce because her husband does not pray

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Question: I have a marriage contract with a young man, and he has not yet consummated the marriage. I now want a divorce from him for many reasons. Among them: he is a man of bad manners and lacks education. While we are sitting in the gathering, he insults me and curses me in front of people. That is one aspect. From another aspect, more than five months have passed since our marriage contract, but he does not spend on me and does not give me a single coin. I am forced to reach out to my father and mother and ask them for money. From a third aspect, he is a man who does not pray, and if he does pray, he prays for two days and then leaves it off for a month. What should I do? I have advised him repeatedly, but it has not benefited him. Please advise us, may Allah reward you. Is it permissible for me to seek divorce, or am I sinful in doing so? May Allah bless you.

Answer: If this is his condition as you mentioned, O questioner, that he prays at times and does not pray most of the time, then it is not permissible for you to remain with him. This is because abandoning prayer is major shirk (associating partners with Allah) in the most correct opinion of the scholars, even if he does not deny its obligation.
It is obligatory for you to get rid of him. It is not permissible for you to enter his home, and it is not permissible for this marriage to remain. In fact, given the condition as described, it is an invalid contract in the most correct opinion of the scholars. You must be careful that he does not touch you or approach you. If divorce is not easily obtained, you can take the matter to the court for this reason. Additionally, he is foul-tongued, cursing and insulting, which is another reason. But the reason of abandoning prayer is greater and more significant. We ask Allah for safety and well-being.
Source binbaz.org.sa

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

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