The Ruling on the Marriage Contract Between a Man and a Woman Who Do Not Pray
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From the Arab Republic of Egypt, the listener (F. M. M.) from Damietta sent a message containing a collection of questions, among which was a question summarized as follows: she is engaged to her cousin and hopes that he has repented from the sins he used to commit, such as abandoning prayer. She says: “I used to abandon prayer and not cover myself, but now I have covered myself and started praying.” She asks the Shaykh for guidance on what the engaged couple should do? May Allah reward you with good.
Answer: If you are both not praying at the time of the marriage, the marriage is valid, just as if you were both praying; the marriage is valid. It is obligatory for you both to fear Allah, to be upright in His religion, to cooperate in righteousness and piety, and to ask Allah (Glorified and Exalted is He) for success. This is how the believing man and the believing woman strive to be upright in the command of Allah and to preserve His religion, including prayer and other matters, while asking Allah for steadfastness upon the truth and assistance in doing good. However, if one of you is not praying at the time of the marriage and the other is praying, the stronger of the scholars’ opinions in this matter is that you must renew the marriage; because abandoning prayer is major shirk (associating partners with Allah) in the most correct of the scholars’ opinions, even if the one who abandons it does not deny its obligation. So if one of you is praying and the other is not praying at the time of the marriage contract, he renews the marriage after you both have repented, after the one who does not pray has repented and started praying. He renews the marriage with a new contract, a new mahr (bridal gift), a wali (guardian), and two righteous witnesses who are present at the marriage. The mahr, even if it is small, is what the woman is satisfied with, even if it is small. The wali renews the contract by saying: “I give you in marriage,” and he says: “I accept,” in the presence of two righteous witnesses, immediately without delay. As soon as they know the ruling of the Shari'ah, they hasten to contract the marriage. He must refrain from her until he renews the marriage. This is the correct view in this issue. Yes.
The presenter: Your Eminence! They are still in the engagement period, and they are asking about the conditions that must be followed or present in both the suitor and the bride.
The Shaykh: If the marriage has not been completed and the contract has not been finalized, it is obligatory for both of them to repent to Allah for their negligence, and to preserve the five daily prayers. If each one knows that the other is upright, let them marry. If the husband knows that the woman is upright, and she knows that he is upright, praise be to Allah, then the marriage is carried out. But as long as one of them is not praying, the marriage is not carried out; rather, it is suspended until each one knows the goodness of the other and that he is upright, so that neither of them proceeds with what would harm him. If she doubts him or he doubts her, it is not permissible to hasten the contract until there is reassurance and knowledge that they are both praying and that the situation is upright, so that they enter into the contract with full understanding. Allah (Mighty and Majestic) said in His noble Book: [al-Baqarah:221], and He said: [al-Baqarah:221], and He said regarding the disbelievers and the Muslims: [al-Mumtahanah:10]. Abandoning prayer is major shirk (associating partners with Allah) in the most correct of the scholars’ opinions, even if the one who abandons it does not deny the obligation; because of the saying of the Prophet (peace and blessings be upon him) in the authentic hadith: narrated by Muslim in the Sahih, and because of his saying (peace and blessings be upon him): Sunan Ibn Majah 1079Sahih (Darussalam) in other evidence. This issue has become widespread among many people, and the calamity of abandoning prayer is great, and there is no power or strength except with Allah, among many people.
Therefore, it is obligatory for the suitor to take care of the woman until he knows that she prays, so that he does not proceed except with certainty and full understanding. And it is likewise obligatory for her not to hasten until she knows that he is good, that he prays, and that he is upright, so that the contract is based on certainty and a satisfactory state from both parties. May Allah improve the condition of both of them. Yes.
The presenter: May Allah reward you with good.
Answer: If you are both not praying at the time of the marriage, the marriage is valid, just as if you were both praying; the marriage is valid. It is obligatory for you both to fear Allah, to be upright in His religion, to cooperate in righteousness and piety, and to ask Allah (Glorified and Exalted is He) for success. This is how the believing man and the believing woman strive to be upright in the command of Allah and to preserve His religion, including prayer and other matters, while asking Allah for steadfastness upon the truth and assistance in doing good. However, if one of you is not praying at the time of the marriage and the other is praying, the stronger of the scholars’ opinions in this matter is that you must renew the marriage; because abandoning prayer is major shirk (associating partners with Allah) in the most correct of the scholars’ opinions, even if the one who abandons it does not deny its obligation. So if one of you is praying and the other is not praying at the time of the marriage contract, he renews the marriage after you both have repented, after the one who does not pray has repented and started praying. He renews the marriage with a new contract, a new mahr (bridal gift), a wali (guardian), and two righteous witnesses who are present at the marriage. The mahr, even if it is small, is what the woman is satisfied with, even if it is small. The wali renews the contract by saying: “I give you in marriage,” and he says: “I accept,” in the presence of two righteous witnesses, immediately without delay. As soon as they know the ruling of the Shari'ah, they hasten to contract the marriage. He must refrain from her until he renews the marriage. This is the correct view in this issue. Yes.
The presenter: Your Eminence! They are still in the engagement period, and they are asking about the conditions that must be followed or present in both the suitor and the bride.
The Shaykh: If the marriage has not been completed and the contract has not been finalized, it is obligatory for both of them to repent to Allah for their negligence, and to preserve the five daily prayers. If each one knows that the other is upright, let them marry. If the husband knows that the woman is upright, and she knows that he is upright, praise be to Allah, then the marriage is carried out. But as long as one of them is not praying, the marriage is not carried out; rather, it is suspended until each one knows the goodness of the other and that he is upright, so that neither of them proceeds with what would harm him. If she doubts him or he doubts her, it is not permissible to hasten the contract until there is reassurance and knowledge that they are both praying and that the situation is upright, so that they enter into the contract with full understanding. Allah (Mighty and Majestic) said in His noble Book:
And do not marry polytheistic women until they believe
وَلا تَنكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّAnd do not marry polytheistic men [to your women] until they believe
وَلا تُنكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُواthey are not lawful [wives] for them, nor are they lawful [husbands] for them
لا هُنَّ حِلٌّ لَهُمْ وَلا هُمْ يَحِلُّونَ لَهُنَّBetween a man and disbelief and shirk (associating partners with Allah) is the abandonment of prayer.
بين الرجل وبين الكفر والشرك 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 كفرTherefore, it is obligatory for the suitor to take care of the woman until he knows that she prays, so that he does not proceed except with certainty and full understanding. And it is likewise obligatory for her not to hasten until she knows that he is good, that he prays, and that he is upright, so that the contract is based on certainty and a satisfactory state from both parties. May Allah improve the condition of both of them. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.