The Ruling on a Wife Who Does Not Pray and Its Effect on the Marriage Contract
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Question:
He says: What is the ruling on a wife who does not pray? I have explained to her the punishment for abandoning prayer, so sometimes she prays and sometimes she leaves it off. For example, she prays the midday prayer and leaves off the rest of the obligatory prayers. May Allah reward you with good.
Answer:
Her ruling is that she is a disbeliever, and it is not permissible for her to remain in his marriage bond. He must separate from her unless she repents with a sincere repentance; otherwise, it is obligatory to separate from her. This is because abandoning prayer is major shirk (associating partners with Allah). The Prophet (peace and blessings be upon him) said:, and he (peace and blessings be upon him) said: Sunan Ibn Majah 1079Sahih (Darussalam).
This is the correct view among the scholars: that abandoning it is major shirk (associating partners with Allah). Therefore, it is obligatory for you to separate from her and not let her remain with you. Rather, you should send her back to her family. Yes, because she is not suitable for you due to her disbelief. We ask Allah for safety.
The presenter : We ask Allah for safety and well-being, O Shaykh! Many of our brothers who listen to such a fatwa call and ask: Do we have to rewrite the contract—and there are many of them? They hope that Your Eminence will issue a fatwa that reaches the entire Islamic world so that they become aware of this matter?
The Shaykh : Yes, if a man marries a woman who does not pray while he prays, the contract is invalid. Or if he marries while he prays and she does not pray, the contract is invalid. They must both be Muslims. If she does not pray and he prays, it is not valid. Or the reverse. They must both be praying, or both not praying. The contract is valid if they are both not praying, both disbelievers, or if they are both praying.
As for if the husband does not pray and she prays, it is not valid. Or the reverse: she does not pray and he prays. It is obligatory to renew the contract if they have desire for each other, meaning if he desires her and she desires him, he renews the contract in the presence of two witnesses and the legal guardian. He says: I have married you to you, and he says: I accept, with a new mahr (bridal gift), even if it is small. A new mahr is required. It is obligatory to renew the contract according to the correct view, even if the one who abandoned it does not deny its obligation. The correct view is that abandoning it is an independent act of disbelief. We seek refuge in Allah. Yes.
The presenter : May Allah reward you with good. Will Your Eminence promise the Muslims to issue a fatwa on this topic?
The Shaykh: Many writings have been issued on this matter. We will republish them, if Allah wills.
The presenter : May Allah bless you, may Allah reward you with good.
He says: What is the ruling on a wife who does not pray? I have explained to her the punishment for abandoning prayer, so sometimes she prays and sometimes she leaves it off. For example, she prays the midday prayer and leaves off the rest of the obligatory prayers. May Allah reward you with good.
Answer:
Her ruling is that she is a disbeliever, and it is not permissible for her to remain in his marriage bond. He must separate from her unless she repents with a sincere repentance; otherwise, it is obligatory to separate from her. This is because abandoning prayer is major shirk (associating partners with Allah). The Prophet (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 كفرThis is the correct view among the scholars: that abandoning it is major shirk (associating partners with Allah). Therefore, it is obligatory for you to separate from her and not let her remain with you. Rather, you should send her back to her family. Yes, because she is not suitable for you due to her disbelief. We ask Allah for safety.
The presenter : We ask Allah for safety and well-being, O Shaykh! Many of our brothers who listen to such a fatwa call and ask: Do we have to rewrite the contract—and there are many of them? They hope that Your Eminence will issue a fatwa that reaches the entire Islamic world so that they become aware of this matter?
The Shaykh : Yes, if a man marries a woman who does not pray while he prays, the contract is invalid. Or if he marries while he prays and she does not pray, the contract is invalid. They must both be Muslims. If she does not pray and he prays, it is not valid. Or the reverse. They must both be praying, or both not praying. The contract is valid if they are both not praying, both disbelievers, or if they are both praying.
As for if the husband does not pray and she prays, it is not valid. Or the reverse: she does not pray and he prays. It is obligatory to renew the contract if they have desire for each other, meaning if he desires her and she desires him, he renews the contract in the presence of two witnesses and the legal guardian. He says: I have married you to you, and he says: I accept, with a new mahr (bridal gift), even if it is small. A new mahr is required. It is obligatory to renew the contract according to the correct view, even if the one who abandoned it does not deny its obligation. The correct view is that abandoning it is an independent act of disbelief. We seek refuge in Allah. Yes.
The presenter : May Allah reward you with good. Will Your Eminence promise the Muslims to issue a fatwa on this topic?
The Shaykh: Many writings have been issued on this matter. We will republish them, if Allah wills.
The presenter : May Allah bless you, may Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.