The ruling on one who marries a woman who prays while he does not pray
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The question: The first message in this episode is from one of the listening brothers, who indicated his name with the letters (L. W. K). He says: I am a young man who got married when I was over sixteen years old. At that time, I did not pray, while my wife did pray. I lived with my wife for a long period, about a year or more. After that, I turned to Allah, repented, sought forgiveness, and regretted this evil. After a period of repentance, my wife became pregnant and gave birth to a son for me, and things went well between us after that. My question is:
What is the ruling on the marriage contract? Is it invalid or valid? What is the ruling on the time I spent with my wife before repentance and after repentance? What is the ruling on the contract after repentance; is it sufficient, or is it not permissible except by renewing the contract? What is the ruling on the son after repentance, since he was born after it? Is my repentance sufficient, or are there conditions I must fulfill, such as expiation or fasting or something else? May Allah reward you with good.
Answer: In the name of Allah, the Most Merciful, the Bestower of Mercy. Praise be to Allah, and may Allah send prayers and peace upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance.
As for what follows: There is no doubt that abandoning the prayer is among the greatest of crimes and the greatest of evils; because it is the pillar of Islam. Whoever preserves it preserves his religion, and whoever neglects it is more neglectful of what is besides it. The authentic hadith from the Messenger of Allah (peace and blessings be upon him) indicates that abandoning it is disbelief. He (peace and blessings be upon him) said: Narrated by Imam Muslim in his Sahih. And he (peace and blessings be upon him) said: Sunan Ibn Majah 1079Sahih (Darussalam) Narrated by Imam Ahmad and the people of the Sunan with a sound chain. The hadiths in this meaning are numerous. However, one must look at the one who abandons the prayer. If he has denied its obligation and does not acknowledge its obligation, then he is a disbeliever according to all scholars, and the contract is invalid if he marries a woman who prays while he does not pray; because Allah (Mighty and Majestic) said regarding the disbelievers with the Muslims: [Al-Mumtahanah: 10]. So it is not permissible for a disbeliever to marry a Muslim woman, nor for a Muslim woman to marry a disbeliever. And He (Mighty and Majestic) says: [Al-Baqarah 2:221]
As for if the questioner believes in its obligation and knows that it is an obligatory duty, but he is negligent and abandons it out of negligence, then this marriage is defective according to the correct view. However, your son is attributed to you because of the doubt; because some of the scholars of knowledge hold that he is not a disbeliever, if he believes in its obligation but is lazy. They hold that he is not a disbeliever with major shirk, but with minor shirk, and they hold that the marriage is valid and that his son is attributed to him. So you, in this state, if you do not deny its obligation, the son is attributed to you because of the doubt.
And the correct view is that abandoning it is major shirk, but because of the doubt, the son is attributed to you. And you must renew the marriage, and repent to Allah from what has passed with a sincere repentance. And you must renew the marriage with a Shari'ah contract, a bridal gift, and two witnesses, if she wants you and you want her. Then you renew the marriage; this is the correct thing.
And your children are attributed to you, those who were born before the renewal. And you must repent to Allah, regret, and abandon this bad action, and have a sincere resolve not to return to it. And whoever repents, Allah accepts his repentance, as Allah (Exalted is He) said: [Al-Nur: 31]. And the Prophet (peace and blessings be upon him) said: Sunan Ibn Majah 4250Da’if (Darussalam). So praise be to Allah. Yes.
The presenter: May Allah reward you with good.
What is the ruling on the marriage contract? Is it invalid or valid? What is the ruling on the time I spent with my wife before repentance and after repentance? What is the ruling on the contract after repentance; is it sufficient, or is it not permissible except by renewing the contract? What is the ruling on the son after repentance, since he was born after it? Is my repentance sufficient, or are there conditions I must fulfill, such as expiation or fasting or something else? May Allah reward you with good.
Answer: In the name of Allah, the Most Merciful, the Bestower of Mercy. Praise be to Allah, and may Allah send prayers and peace upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance.
As for what follows: There is no doubt that abandoning the prayer is among the greatest of crimes and the greatest of evils; because it is the pillar of Islam. Whoever preserves it preserves his religion, and whoever neglects it is more neglectful of what is besides it. The authentic hadith from the Messenger of Allah (peace and blessings be upon him) indicates that abandoning it is disbelief. He (peace and blessings be upon him) said:
Between 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 كفرthey are not lawful [wives] for them, nor are they lawful [husbands] for them
لا هُنَّ حِلٌّ لَهُمْ وَلا هُمْ يَحِلُّونَ لَهُنَّAnd do not marry polytheistic men [to your women] until they believe
وَلا تُنكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُواAs for if the questioner believes in its obligation and knows that it is an obligatory duty, but he is negligent and abandons it out of negligence, then this marriage is defective according to the correct view. However, your son is attributed to you because of the doubt; because some of the scholars of knowledge hold that he is not a disbeliever, if he believes in its obligation but is lazy. They hold that he is not a disbeliever with major shirk, but with minor shirk, and they hold that the marriage is valid and that his son is attributed to him. So you, in this state, if you do not deny its obligation, the son is attributed to you because of the doubt.
And the correct view is that abandoning it is major shirk, but because of the doubt, the son is attributed to you. And you must renew the marriage, and repent to Allah from what has passed with a sincere repentance. And you must renew the marriage with a Shari'ah contract, a bridal gift, and two witnesses, if she wants you and you want her. Then you renew the marriage; this is the correct thing.
And your children are attributed to you, those who were born before the renewal. And you must repent to Allah, regret, and abandon this bad action, and have a sincere resolve not to return to it. And whoever repents, Allah accepts his repentance, as Allah (Exalted is He) said:
And turn to Allah in repentance, all of you, O believers, that you might succeed.
وَتُوبُوا إِلَى اللَّهِ جَمِيعًا أَيُّهَا الْمُؤْمِنُونَ لَعَلَّكُمْ تُفْلِحُونَThe one who repents from sin is like one who did not sin.
التائب من الذنب كمن لا ذنب لهThe presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.