The Ruling on the Marriage Contract with a Woman Who Does Not Pray
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Question:
A question from one of them says: I am an Egyptian citizen working in Jordan. I married in 1973 CE, and I have five children. I contracted the marriage with my wife, and she does not pray, while I, praise be to Allah, do pray. I did not know that the marriage contract is invalid if one of the spouses does not pray, except from your program, *Nur 'ala al-Darb*. Is it permissible for me to contract a new marriage with my wife with two just witnesses and a guardian, without the official marriage officer and the court, out of fear of falling into sin with my wife when I go to Egypt? Because the marriage officer and the court will contract it after long procedures and a long time. And what is the status of the five children?
Answer:
Yes, the correct view is that if a man marries a woman who does not pray, or marries her while she prays and he does not pray, the contract is not valid according to the most correct of the scholars' opinions. This is because abandoning prayer is major shirk (associating partners with Allah) according to the most correct of the scholars' opinions, due to the saying of the Prophet (peace and blessings be upon him) in the authentic hadith:Sunan Ibn Majah 1079Sahih (Darussalam), narrated by Imam Ahmad and the people of the Sunan with a sound chain from Buraydah ibn al-Husayb (may Allah be pleased with him) , and due to his saying (peace and blessings be upon him): , narrated by Muslim in his Sahih. There are other hadiths as well that indicate this meaning.
So if this marriage takes place between a man who prays and a woman who does not, or vice versa, he renews it with two just witnesses. The official marriage officer is not necessary, but the guardian is necessary, either by the presence of the guardian or his agent. There is no necessity for the court or the marriage officer. Rather, if the guardian, the husband, and two witnesses are present, and the guardian marries her to him after Allah has accepted the repentance of the one who did not pray and the situation has become correct, that is sufficient. The guardian says to him: "I have married her to you," and the husband says: "I accept," in the presence of two witnesses, if the woman is pleased with that, praise be to Allah.
As for the children, they are attributed to the father due to the doubt regarding the marriage. And the majority went to the view that the marriage is valid, even if he does not pray, provided he is a monotheist regarding Allah, believes in Islam, believes in the Hereafter, and has none of the nullifiers of faith except abandoning prayer. So the majority said: Abandoning it does not become major shirk, but rather it is shirk less than major shirk, and it does not become major shirk that invalidates the marriage.
But the correct view is the saying of those who said it is major shirk, due to the previous hadiths and other hadiths indicating that, and because prayer is the pillar of Islam, and nothing else is compared to it; it is the pillar of Islam.
So it is obligatory for the one who abandons it to hasten to repent, and to enter Islam anew through his repentance to Allah (Glorified and Exalted is He) , and to renew the marriage if his wife is good, prays, and is sound, and he is the one who fell short by abandoning prayer; he renews the marriage.
Or vice versa, if she does not pray and he prays, he renews the marriage. It is not a condition for that to be at the court or with the marriage officer, if the guardian, the two just witnesses, and the husband are present, and she is pleased, that is sufficient, praise be to Allah.
The presenter : May Allah reward you with good.
A question from one of them says: I am an Egyptian citizen working in Jordan. I married in 1973 CE, and I have five children. I contracted the marriage with my wife, and she does not pray, while I, praise be to Allah, do pray. I did not know that the marriage contract is invalid if one of the spouses does not pray, except from your program, *Nur 'ala al-Darb*. Is it permissible for me to contract a new marriage with my wife with two just witnesses and a guardian, without the official marriage officer and the court, out of fear of falling into sin with my wife when I go to Egypt? Because the marriage officer and the court will contract it after long procedures and a long time. And what is the status of the five children?
Answer:
Yes, the correct view is that if a man marries a woman who does not pray, or marries her while she prays and he does not pray, the contract is not valid according to the most correct of the scholars' opinions. This is because abandoning prayer is major shirk (associating partners with Allah) according to the most correct of the scholars' opinions, due to the saying of the Prophet (peace and blessings be upon him) in the authentic hadith:
The 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 كفرBetween a man and disbelief and shirk (associating partners with Allah) is the abandonment of prayer.
بين الرجل، وبين الكفر والشرك ترك الصلاةSo if this marriage takes place between a man who prays and a woman who does not, or vice versa, he renews it with two just witnesses. The official marriage officer is not necessary, but the guardian is necessary, either by the presence of the guardian or his agent. There is no necessity for the court or the marriage officer. Rather, if the guardian, the husband, and two witnesses are present, and the guardian marries her to him after Allah has accepted the repentance of the one who did not pray and the situation has become correct, that is sufficient. The guardian says to him: "I have married her to you," and the husband says: "I accept," in the presence of two witnesses, if the woman is pleased with that, praise be to Allah.
As for the children, they are attributed to the father due to the doubt regarding the marriage. And the majority went to the view that the marriage is valid, even if he does not pray, provided he is a monotheist regarding Allah, believes in Islam, believes in the Hereafter, and has none of the nullifiers of faith except abandoning prayer. So the majority said: Abandoning it does not become major shirk, but rather it is shirk less than major shirk, and it does not become major shirk that invalidates the marriage.
But the correct view is the saying of those who said it is major shirk, due to the previous hadiths and other hadiths indicating that, and because prayer is the pillar of Islam, and nothing else is compared to it; it is the pillar of Islam.
So it is obligatory for the one who abandons it to hasten to repent, and to enter Islam anew through his repentance to Allah (Glorified and Exalted is He) , and to renew the marriage if his wife is good, prays, and is sound, and he is the one who fell short by abandoning prayer; he renews the marriage.
Or vice versa, if she does not pray and he prays, he renews the marriage. It is not a condition for that to be at the court or with the marriage officer, if the guardian, the two just witnesses, and the husband are present, and she is pleased, that is sufficient, praise be to Allah.
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.