Ruling on renewing the marriage contract for one who repents from abandoning prayer
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Question:
Our sister asks and says: It may happen that a girl marries a man who abandons prayer, and after the marriage she asks her husband to renew the marriage contract, after she has become aware of his repentance, but some husbands refuse to do so. What is your guidance, Your Eminence? May Allah reward you with good.
Answer:
The matter should be referred to the court, and the court should look into it. If the court permits the renewal of the marriage, then there is no harm, and this is better and it is obligatory. If it does not permit it, then the court looks into the matter. Yes.
The presenter : May Allah reward you with good. So, is it not permissible to remain silent about this?
The Shaykh : Yes. If the woman knew that he did not pray at the time of the contract, and she was praying, then the contract must be renewed. The contract is renewed by the legal guardian after the husband repents from abandoning prayer. And the reverse is the same: if she was not praying and he was praying, the contract is also renewed. But if neither of them was praying, then the contract is valid, due to their equality in falsehood. Yes.
Our sister asks and says: It may happen that a girl marries a man who abandons prayer, and after the marriage she asks her husband to renew the marriage contract, after she has become aware of his repentance, but some husbands refuse to do so. What is your guidance, Your Eminence? May Allah reward you with good.
Answer:
The matter should be referred to the court, and the court should look into it. If the court permits the renewal of the marriage, then there is no harm, and this is better and it is obligatory. If it does not permit it, then the court looks into the matter. Yes.
The presenter : May Allah reward you with good. So, is it not permissible to remain silent about this?
The Shaykh : Yes. If the woman knew that he did not pray at the time of the contract, and she was praying, then the contract must be renewed. The contract is renewed by the legal guardian after the husband repents from abandoning prayer. And the reverse is the same: if she was not praying and he was praying, the contract is also renewed. But if neither of them was praying, then the contract is valid, due to their equality in falsehood. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
