The Ruling on Marrying One Who Does Not Pray and Advice to Parents Regarding This

Your Eminence! At the beginning of this episode, I have two letters before me. The first is from the listening sister (J. A. F) from Iraq, and the second is from the sister Nadiya Al-Muhammad Al-Sa'id from Algeria. The two letters coincide in asking about the proposal of a husband who does not pray, especially when the parents intervene in the matter and force the daughter to accept this suitor despite the fact that he does not pray. How should the engaged woman act? May Allah reward you with good. And should she resort to official authorities to be safe from this proposal?
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance.
As for what follows: I ask Allah by His beautiful names and His exalted attributes to appoint a righteous ruler over Iraq who will judge them by the law of Allah, and to rectify the rulers of Algeria and grant them success in what brings His pleasure, and to help them in implementing His Shari'ah, and to rectify the conditions of everyone. We ask Him, Glorified and Exalted is He, to rectify the conditions of the Iraqi people and the conditions of the Algerian people, and to appoint over Iraq one who will judge them by the law of Allah, and to appoint over all the lands of the Muslims one who will judge them by the law of Allah.
As for the answer to the two questioners, there is no doubt that it is not permissible for a Muslim woman to accept marriage to one who does not pray; because abandoning the prayer is disbelief, and the correct view is that it is major shirk, and the majority said: that it is minor shirk.
The correct view is that it is major shirk, even if he does not deny its obligation. As for if he denies its obligation, this is major shirk according to all scholars, with no disagreement. But the disagreement is regarding the case where he does not deny its obligation but is lazy about the prayer, abandoning all of it or some of it. The correct view regarding this type and those like him is that he is a disbeliever with major shirk; due to the saying of the Prophet (peace and blessings be upon him) in the authentic hadith narrated by Muslim in the Sahih from Jabir (may Allah be pleased with him) : And the basis for this is major shirk, the known shirk and the known shirk with the definite article, so it is major shirk.
Imam Ahmad (may Allah have mercy on him) and the compilers of the Sunan (may Allah have mercy on them) narrated with a sound chain from Buraydah (may Allah be pleased with him) from the Prophet (peace and blessings be upon him) that he said: It is also established from him (peace and blessings be upon him) that when he was asked about the rulers among whom some evil is known, and about rising up against them, he said to him: And he prohibited rising up against them. He said: In another narration, he said: This indicates that not establishing the prayer is open disbelief.
So the conclusion is: that abandoning the prayer absolutely, or some of it like the midday or the dawn prayer or the like, is major shirk. So it is not permissible for the guardian, whether he is a father or other than a father, to force the one under his guardianship to marry one who does not pray while she prays and she is a Muslim. Rather, this is a betrayal of the trust. Rather, it is obligatory upon him to seek for her a righteous, good man so that he places the trust in its proper place. And it is not permissible for the daughter to obey him in that, even if he is her father; due to the saying of the Prophet (peace and blessings be upon him): And his saying (peace and blessings be upon him): And she has the right to raise the matter to the one in authority, to the legal judge, so that he frees her from this affliction.
And it is obligatory upon the guardians to fear Allah, and not to marry those under their guardianship except to the capable (kuffa'), and the most important thing is capability in religion if the one under guardianship is a Muslim. And Allah says, Mighty and Majestic: [At-Tawbah: 71] So the disbeliever is not a guardian for the believing woman, and it is not permissible for her guardian to marry her to one who abandons the prayer or is known for open sinfulness if she does not agree to that. And this is regarding matters other than disbelief. As for with disbelief, it is not permissible for her to agree, and even if she agreed, it is not permissible for her to marry the disbeliever while she is a Muslim.
But open sinfulness, if he has some open sinfulness like drinking intoxicants while he prays, or engaging in some usurious transactions, or being accused of some of the wrong deeds, the deeds that are considered disobedience, this is permissible for the Muslim woman to marry him. But his abandonment is better, and seeking the good is better for the believing woman. As for the disbeliever, no, she does not have the right to marry the disbeliever, like the one who insults the religion, or mocks the religion, or abandons the prayer or the like of that which necessitates his disbelief, like the one who considers intoxicants lawful or considers unlawful sexual intercourse lawful, this is major shirk, we ask Allah for safety, or considers usury lawful.
So the conclusion is that it is obligatory upon the guardians not to marry their Muslim wards except to Muslims, and he does not have the right to marry his Muslim ward to one who abandons the prayer or engages in what necessitates his disbelief, we ask Allah for safety and well-being. Yes.
The presenter: May Allah reward you with good. So, a word to the parents, perhaps it is appropriate that you bestow it now?
The Shaykh: We spoke previously that it is not for the parents or other than the parents to marry the one under their guardianship to one who differs from her in religion. If she is a Muslim, he does not have the right to marry her to a disbeliever, not a Christian, not a Jew, not an idolater, not one who abandons the prayer, nor any other one who is judged as a disbeliever, like the one who insults the religion, and the one who mocks the Messenger or the religion, and the like of those who are judged as disbelievers. Even the sinner should not marry her to the sinner, even if he is a Muslim. He should seek for her the good, capable one. But if she married a Muslim sinner with her consent, it is valid. But his seeking for her the good, far from sins, is from fulfilling the trust. And if she disliked marriage to the sinner, he should not force her to the sinner, even the sinner does not force her to him. Yes.
The presenter: May Allah reward you with good.