The Ruling on Marrying a Woman Who Does Not Pray

Question:
One of the listening brothers from Sudan, whose name is indicated by the letters (B. S. B), says: I married my cousin’s daughter against my will, and I discovered that she does not pray. I ordered her to pray, but she did not listen. If I divorce her, my father will be angry with me. How should I handle a situation like this? May Allah reward you with good.

Answer:
If a Muslim marries a woman who does not pray, the marriage is not valid according to the most correct of the scholars’ opinions; because abandoning prayer is disbelief, even if the one who abandons it does not deny its obligation. This is the correct view.
A group of scholars held that the one who abandons prayer does not become a disbeliever if he did not deny its obligation, but he has committed a great evil, a great sin, and a major, heinous transgression greater than zina, greater than undutifulness to parents, greater than theft, and greater than drinking intoxicants. However, he does not become a disbeliever according to a group of scholars if he did not deny its obligation.
But the correct and stronger position is that he becomes a disbeliever by this, even if he did not deny its obligation. The marriage is not valid if the husband prays and she does not pray. The marriage is not valid, and likewise the reverse: if she prays and he does not pray, the marriage contract is not valid. This is based on the saying of the Prophet (peace and blessings be upon him) in the authentic hadith: If the pillar is removed, the tent collapses, and the meaning is: Islam collapses.
And he (peace and blessings be upon him) said: He did not say: if he denies its obligation. The Prophet (peace and blessings be upon him) stated this, and this hadith is authentic. It was narrated by Imam Ahmad and the people of the Sunan with an authentic chain from Buraydah (may Allah be pleased with him).
In Sahih Muslim, from Jabir ibn Abdullah (may Allah be pleased with them both), from the Prophet (peace and blessings be upon him), that he said: This ruling encompasses men and women; because the legal principle is: what is established for men is established for women, and likewise the reverse, except with evidence that specifies one of them. Here, there is no evidence that specifies disbelief for the man; rather, it applies to anyone who disbelieves, from men and women.
So you, O questioner, must separate from her and return her to her family, even if your father is not pleased; because in sins, there is no obedience for a person. Obedience is to Allah. The Prophet (peace and blessings be upon him) said: And he (peace and blessings be upon him) said: So you must return her to her family and give her a divorce certificate for one divorce; to exit the scholarly disagreement, and so that the certificate can be relied upon for her marriage to someone else. If Allah guides her and you wish to return to her afterwards with a new contract; there is no harm. We ask Allah for guidance for everyone.

The presenter : O Allah, amen. May Allah reward you with good.