The ruling on a man who married a woman who does not pray and had children with her
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The last message in this evening's session is from our brother Muhammad Mahmoud Idris from Riyadh. Our brother says: He is married to a woman who is a mahram (a relative one may not marry) and he has four children from her, and she is now pregnant with the fifth. However, his wife has not prayed since he married her until now. What do you advise him, Your Eminence?
Answer: This is a great evil; because prayer is the pillar of Islam, and it is the greatest and most important of the obligatory acts after the two testimonies, as Allah the Exalted said: [Surat al-Nur:56], and He said: [Surat al-Baqarah:43], and He said: [Surat al-Baqarah:238], and He said: [Surat al-Tawbah:5]: [Surat al-Tawbah:11]. This indicates that one who does not pray is not left alone but is killed, and likewise, one who does not pray is not a brother in religion. Therefore, it is obligatory to call her to repent and discipline her until she prays. If she repents, Allah will accept her repentance. If she refuses, it is not permissible for her to remain in his marriage; rather, he must refer her to the court so that they call her to repent. If she repents, well and good; otherwise, she is killed as an apostate from Islam according to the most correct of the scholars' opinions, based on the saying of the Prophet (peace and blessings be upon him): . A group of scholars said: She is killed as a hudud punishment, not for apostasy. In any case, it is obligatory to call her to repent. If she repents, well and good; otherwise, it is obligatory for the one in authority, who is the judge acting on behalf of the one in authority, to order her killing if she does not repent. And it is obligatory for the husband to separate from her if she does not repent; because she is a disbeliever, and a Muslim does not marry a disbeliever nor remain in the marriage of a disbeliever. She is a disbeliever according to the most correct of the scholars' opinions. Some said: It is disbelief less than major disbelief, but the correct view is that it is major shirk (associating partners with Allah). Therefore, the husband should not and it is not permissible for him to remain in the marriage of a woman who does not pray. Rather, he should strive against her, discipline her, and stand over her, perhaps she will repent and perhaps she will pray. If she does not do so, he should separate from her, and Allah will replace her with something better. It is obligatory for him, her father, and her family to discipline her until she fulfills the obligation and prays. If the need arises to refer her to the one in authority, such as the court, she is referred to the court so that they call her to repent. If she repents, well and good; otherwise, she is killed as an apostate disbeliever according to a group of scholars, or as a hudud punishment according to others, as is known. There is no power and no strength except with Allah. Yes.
The presenter: May Allah reward you with good. The reality, Your Eminence, is that the period has been very long, as she has given birth to five or four children, and until now he has not thought about this issue. It seems to me that he is very negligent, but perhaps he will make up for what was missed and repent, so may Allah reward you with good for advising him...?
The Shaykh: There is no doubt that he is negligent. There is no doubt that his silence regarding her and his failure to stand over her is a great evil. The Messenger (peace and blessings be upon him) said: . And he is capable of denouncing the evil with both his tongue and his hand. And Allah the Exalted says in His great Book: [Surat al-Tawbah:71]. Therefore, forbidding evil is a necessary obligation for both men and women. We ask Allah for guidance for everyone.
Answer: This is a great evil; because prayer is the pillar of Islam, and it is the greatest and most important of the obligatory acts after the two testimonies, as Allah the Exalted said: [Surat al-Nur:56], and He said: [Surat al-Baqarah:43], and He said: [Surat al-Baqarah:238], and He said: [Surat al-Tawbah:5]: [Surat al-Tawbah:11]. This indicates that one who does not pray is not left alone but is killed, and likewise, one who does not pray is not a brother in religion. Therefore, it is obligatory to call her to repent and discipline her until she prays. If she repents, Allah will accept her repentance. If she refuses, it is not permissible for her to remain in his marriage; rather, he must refer her to the court so that they call her to repent. If she repents, well and good; otherwise, she is killed as an apostate from Islam according to the most correct of the scholars' opinions, based on the saying of the Prophet (peace and blessings be upon him): . A group of scholars said: She is killed as a hudud punishment, not for apostasy. In any case, it is obligatory to call her to repent. If she repents, well and good; otherwise, it is obligatory for the one in authority, who is the judge acting on behalf of the one in authority, to order her killing if she does not repent. And it is obligatory for the husband to separate from her if she does not repent; because she is a disbeliever, and a Muslim does not marry a disbeliever nor remain in the marriage of a disbeliever. She is a disbeliever according to the most correct of the scholars' opinions. Some said: It is disbelief less than major disbelief, but the correct view is that it is major shirk (associating partners with Allah). Therefore, the husband should not and it is not permissible for him to remain in the marriage of a woman who does not pray. Rather, he should strive against her, discipline her, and stand over her, perhaps she will repent and perhaps she will pray. If she does not do so, he should separate from her, and Allah will replace her with something better. It is obligatory for him, her father, and her family to discipline her until she fulfills the obligation and prays. If the need arises to refer her to the one in authority, such as the court, she is referred to the court so that they call her to repent. If she repents, well and good; otherwise, she is killed as an apostate disbeliever according to a group of scholars, or as a hudud punishment according to others, as is known. There is no power and no strength except with Allah. Yes.
The presenter: May Allah reward you with good. The reality, Your Eminence, is that the period has been very long, as she has given birth to five or four children, and until now he has not thought about this issue. It seems to me that he is very negligent, but perhaps he will make up for what was missed and repent, so may Allah reward you with good for advising him...?
The Shaykh: There is no doubt that he is negligent. There is no doubt that his silence regarding her and his failure to stand over her is a great evil. The Messenger (peace and blessings be upon him) said: . And he is capable of denouncing the evil with both his tongue and his hand. And Allah the Exalted says in His great Book: [Surat al-Tawbah:71]. Therefore, forbidding evil is a necessary obligation for both men and women. We ask Allah for guidance for everyone.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
