The conditions that must be met in the spouses

Question:
One of the listening brothers from the Iraqi Republic is asking a very important question, Your Eminence. I hope you will grant it further importance. The questioner is the listener Shaker Abu Mahmoud, and he asks and says: What are the conditions that must be met in Muslim spouses, especially the wife, with a focus on the issue of hijab? And is hijab obligatory such that marriage is not permissible without it, especially in countries that have not been accustomed to hijab for a long time?

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 whoever follows his guidance. As for what follows:
The conditions that must be met in the spouses are that each of them must be eligible to marry the other, by being both Muslims, or both disbelievers, or a Muslim and a woman from the People of the Book. This is the condition that is necessary. Either they are both Muslims, or both disbelievers, such as a polytheist man and a polytheist woman, or a Jewish man and a Jewish woman, or a Christian man and a Christian woman, and the like. Or the husband is a Muslim and the wife is a chaste woman from the People of the Book; because Allah has permitted us to marry the chaste women from the People of the Book, from the Jews and the Christians.
And the chaste woman is the one known for modesty and freedom; she is not a slave, nor is she known for unlawful sexual intercourse or the means to it, but rather she is known for chastity and modesty. It is permissible for a Muslim man to marry her, but leaving it is better and more appropriate; because marrying a woman from the People of the Book may lead him to disbelief, and may lead his children to it. For this reason, the most precise scholars among the people of knowledge held that leaving her marriage is better and more appropriate, but with this, it is permissible by the explicit text of the Qur'an regarding it.
As for her being religious, this is the best and most appropriate, and what is required; due to his saying (peace and blessings be upon him): .
So the best for the believer is to choose the righteous woman who is good in her morals and deeds, by being one who wears the hijab, is far from tabarruj (display of adornment), and is far from the causes of fitnah (trial, discord or temptation). He chooses her and asks about her. But if he marries a woman who does not wear the hijab, or who has some laxity in some sins; the marriage is valid, but leaving her is more appropriate. He should ask about her and strive to ensure she is good and chosen according to ability.
And likewise, the man should be chosen by the woman, and she should strive to ensure he is righteous, good, and far from the causes of evil; not a drunkard, not one who shaves his beard, not a smoker, not one who commits zina (unlawful sexual intercourse), and the like. She strives so that he may be sound. This is what is required from the perspective of caring for the safety of the religion. But it is not a condition for the marriage. If he marries her and he has some sins; the marriage is valid. Or if he marries her and she is a Muslim, but she has some sins; the marriage is valid.
But for each one to choose a good companion, she chooses the good man, and he chooses the good woman, this is what is required, this is what is appropriate; due to his saying (peace and blessings be upon him) and his saying in the hadith: and in the other wording: .
And as for leaving the prayer, it is kufr (disbelief). Its practitioner is considered a disbeliever. It is necessary for him to pray; due to the saying of the Prophet (peace and blessings be upon him): and his saying (peace and blessings be upon him): .
So it is not permissible for a Muslim to marry a woman who does not pray, and it is not permissible for a Muslim woman to marry a man who does not pray. Rather, caution is obligatory in this, and wariness, and she should ask about him, and he should ask about her. If she does not pray and he prays, or if he does not pray and she prays, then marriage between them is not permissible in the most correct of the two opinions of the scholars. It is necessary for them both to pray, or for them both not to pray, as disbelievers, so that they are equal in Islam, or in disbelief. We ask Allah for safety and well-being. Yes.

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