Ruling on a man divorcing his wife if she does not pray
Machine translationRead the Arabic original
Question:
The first message in this episode is from listener (A. S. Al-Fayfi) from Riyadh. He says in his message: I married one of my relatives several years ago, but I found that my wife does not pray. So I started trying with her, sometimes encouraging her and sometimes hitting and threatening her. She would pray at times and leave off the prayer at other times, until I considered divorcing her. But because of our kinship, a divorce might cause fitnah (trial, discord or temptation) among the relatives. What should I do with her? Please guide us, may Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
It is known in the Shari'ah that whoever leaves off the prayer is a disbeliever, among both men and women, according to the most correct of the scholars' opinions, even if he does not deny its obligation. As for if he denies its obligation, or doubts its obligation, then he is a disbeliever according to all the scholars.
As for this woman you asked about, O questioner, as long as she does not pray, the marriage is not valid, and you must separate from her completely. I ask Allah to replace her with something better for you. If she is guided and repents, there is no harm in renewing the marriage; it is renewed with a new contract and a new mahr (the bridal gift). Otherwise, the first marriage is not valid because she does not pray, even if only at times. Leaving off the prayer is major shirk (associating partners with Allah) 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. There is no share in Islam for one who leaves off the prayer. So we ask Allah to guide her and return her to the right path, and we ask Allah to replace her with something better for you. Yes.
The presenter : May Allah reward you with good. What about the kinship, as His Eminence the Shaykh says?
The Shaykh: As for kinship, it is not considered; because obedience to Allah takes precedence over everyone, and this is a matter that has no connection to kinship. This is one of the rulings of Allah . Therefore, the one who does not pray is a disbeliever. If a man marries a woman who does not pray, while he prays, the contract is invalid. Likewise, if she prays and he does not, the contract is invalid.
As for if they both do not pray, the contract is valid because they are both disbelievers, just as if a Christian marries a Christian woman, or a Jew marries a Jewish woman, or a polytheist marries a polytheist woman. But as long as the husband prays and she does not pray, the contract is not valid. However, if she repents in the future and returns to Allah, and turns to Him in repentance, then it is permissible for him to marry her with a new contract. Yes.
The presenter : May Allah reward you with good.
The first message in this episode is from listener (A. S. Al-Fayfi) from Riyadh. He says in his message: I married one of my relatives several years ago, but I found that my wife does not pray. So I started trying with her, sometimes encouraging her and sometimes hitting and threatening her. She would pray at times and leave off the prayer at other times, until I considered divorcing her. But because of our kinship, a divorce might cause fitnah (trial, discord or temptation) among the relatives. What should I do with her? Please guide us, may Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
It is known in the Shari'ah that whoever leaves off the prayer is a disbeliever, among both men and women, according to the most correct of the scholars' opinions, even if he does not deny its obligation. As for if he denies its obligation, or doubts its obligation, then he is a disbeliever according to all the scholars.
As for this woman you asked about, O questioner, as long as she does not pray, the marriage is not valid, and you must separate from her completely. I ask Allah to replace her with something better for you. If she is guided and repents, there is no harm in renewing the marriage; it is renewed with a new contract and a new mahr (the bridal gift). Otherwise, the first marriage is not valid because she does not pray, even if only at times. Leaving off the prayer is major shirk (associating partners with Allah) 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. There is no share in Islam for one who leaves off the prayer. So we ask Allah to guide her and return her to the right path, and we ask Allah to replace her with something better for you. Yes.
The presenter : May Allah reward you with good. What about the kinship, as His Eminence the Shaykh says?
The Shaykh: As for kinship, it is not considered; because obedience to Allah takes precedence over everyone, and this is a matter that has no connection to kinship. This is one of the rulings of Allah . Therefore, the one who does not pray is a disbeliever. If a man marries a woman who does not pray, while he prays, the contract is invalid. Likewise, if she prays and he does not, the contract is invalid.
As for if they both do not pray, the contract is valid because they are both disbelievers, just as if a Christian marries a Christian woman, or a Jew marries a Jewish woman, or a polytheist marries a polytheist woman. But as long as the husband prays and she does not pray, the contract is not valid. However, if she repents in the future and returns to Allah, and turns to Him in repentance, then it is permissible for him to marry her with a new contract. 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.