The ruling on the marriage contract of one who contracted marriage with a woman who does not pray
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The last question from our brother says: I have a sister whose husband is my father’s cousin’s son. She was twenty-two years old, and she has now given birth to a son and two daughters from him. However, she was leaving off the prayer. What is the ruling on the contract, and how do you guide us? May Allah reward you with good.
Answer: If her husband is like her and leaves off the prayer, then the contract is valid, like the contracts of the other disbelievers; because leaving off the prayer is disbelief in the most correct of the scholars’ opinions, due to the authentic hadith in which the Prophet (peace and blessings be upon him) said in the authentic hadith: It was narrated by Imam Muslim in his Sahih. And he (peace and blessings be upon him) said: Sunan Ibn Majah 1079Sahih (Darussalam) It was narrated by Imam Ahmad and the people of the Sunan with a sound chain.
So if both the husband and the wife do not pray, the contract is valid, just as if they were Jews or Christians or polytheists. The Prophet (peace and blessings be upon him) approved the contracts of the disbelievers. However, if one of them prays and the other does not, but the one who does not pray does not deny its obligation, rather he is lazy, then there is disagreement among the scholars. The majority are of the opinion that the contract is valid and that he is not a disbeliever by major shirk, but it is minor shirk.
The correct opinion is that it is major shirk and that the contract is not valid, and that it is obligatory to annul the marriage, and that he must divorce her or the marriage must be annulled by the ruling of the Sharia judge; because a wife is not suitable for a Muslim to be his wife while she leaves off the prayer. But if she repents, he may contract a new marriage with her, if he prays and she does not pray...: He may contract a new marriage with her if she repents. But without repentance, the contract is not valid, it is defective, and he must divorce her with one divorce, or the judge must annul it, so that there remains no bond between them and no doubt between them. And whenever she repents, it is possible for him to marry her anew with the Sharia conditions.
The presenter: May Allah reward you with good.
Answer: If her husband is like her and leaves off the prayer, then the contract is valid, like the contracts of the other disbelievers; because leaving off the prayer is disbelief in the most correct of the scholars’ opinions, due to the authentic hadith in which the Prophet (peace and blessings be upon him) said in the authentic hadith:
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 كفرSo if both the husband and the wife do not pray, the contract is valid, just as if they were Jews or Christians or polytheists. The Prophet (peace and blessings be upon him) approved the contracts of the disbelievers. However, if one of them prays and the other does not, but the one who does not pray does not deny its obligation, rather he is lazy, then there is disagreement among the scholars. The majority are of the opinion that the contract is valid and that he is not a disbeliever by major shirk, but it is minor shirk.
The correct opinion is that it is major shirk and that the contract is not valid, and that it is obligatory to annul the marriage, and that he must divorce her or the marriage must be annulled by the ruling of the Sharia judge; because a wife is not suitable for a Muslim to be his wife while she leaves off the prayer. But if she repents, he may contract a new marriage with her, if he prays and she does not pray...: He may contract a new marriage with her if she repents. But without repentance, the contract is not valid, it is defective, and he must divorce her with one divorce, or the judge must annul it, so that there remains no bond between them and no doubt between them. And whenever she repents, it is possible for him to marry her anew with the Sharia conditions.
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.
