The ruling on a man divorcing a woman who does not pray
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Question:
A message was sent to the program from Riyadh by the listener (M. Abdullah). Our brother says: I married a woman, and Allah has blessed me with a son from her. I am considering divorcing her from the second day of the wedding. The reason is that I did not attend her proposal, and the second reason is that she did not pray before the marriage. After the marriage, I ordered her to pray, and she did. But when she traveled for work, she stopped praying. My question is: If I divorce her, will I be sinful? And if I am patient with her, will I be rewarded? And is this a trial from Allahfor His servants with this type of women? We ask you to inform us about these issues. May Allah reward you with good.
Answer:
If she does not pray, then the marriage is not valid, as long as you are praying, and praise be to Allah, you are. So, for her abandoning the prayer, she is considered a disbeliever in the most correct of the scholars' opinions, even if she acknowledges its obligation.
So, the obligatory thing is to renew the contract if she repents to Allah and turns to Him with a sincere repentance, and you desire her, then renew the contract. But now, the obligatory thing upon you is to part with her, as long as you are present and she prays, and if you are absent she abandons the prayer; then there is no good in her. She is defective, her creed is defective, and her fear of Allah is nonexistent or weak. She considers you but does not consider the right of Allah! So, it is recommended to part with her and keep her away, and you will be rewarded. In fact, it is obligatory upon you to divorce her and keep her away; because of the defect in her religion, due to her neglecting the prayer.
And a group of scholars from among the people of knowledge, from the imams of hadith and others from the meticulous scholars, have held that the one who abandons the prayer is a disbeliever with major shirk, even if he acknowledges its obligation. Although his acknowledgment of its obligation is mostly not correct, but rather mere politeness. If he acknowledged its obligation with a correct acknowledgment, he would not have abandoned it; because his acknowledgment of the obligation would drive him to pray. But his lack of acknowledgment of the obligation, or the weakness of his creed in that, emboldened him to abandon it—may Allah grant us safety—and so it is with the woman.
So, the obligatory thing upon you and those like you is to divorce the woman who does not pray and keep her away. And whenever she repents with a sincere repentance and you testify to her goodness, it is possible for you to marry her again with a new contract. And so it is with the woman whose husband does not pray; she should keep away from him, and go to her family, and not stay with him; because whenever he abandons the prayer, he is a disbeliever. And this is a great calamity that has occurred among people today.
So, the obligatory thing upon the man is to keep away from the woman who does not pray, and the obligatory thing upon the woman is to keep away from the man who does not pray, and to go to her family, even if she has children with him. Their provision is upon Allah, and she has more right to her children than this husband who does not pray. And the judge should make her children stay with her, and obligate him to provide for their maintenance, until he repents to Allah and returns to Allah. Then after that, he renews the contract, if it is after her waiting period has ended. And if he repented during the waiting period, then she is his wife, if he was praying at the time of the marriage and she was praying. But staying with a husband who does not pray, or with a wife who does not pray; this is not permissible. We ask Allah for guidance and success for everyone. Yes.
The presenter: O Allah, amen. May Allah reward you with good.
A message was sent to the program from Riyadh by the listener (M. Abdullah). Our brother says: I married a woman, and Allah has blessed me with a son from her. I am considering divorcing her from the second day of the wedding. The reason is that I did not attend her proposal, and the second reason is that she did not pray before the marriage. After the marriage, I ordered her to pray, and she did. But when she traveled for work, she stopped praying. My question is: If I divorce her, will I be sinful? And if I am patient with her, will I be rewarded? And is this a trial from Allahfor His servants with this type of women? We ask you to inform us about these issues. May Allah reward you with good.
Answer:
If she does not pray, then the marriage is not valid, as long as you are praying, and praise be to Allah, you are. So, for her abandoning the prayer, she is considered a disbeliever in the most correct of the scholars' opinions, even if she acknowledges its obligation.
So, the obligatory thing is to renew the contract if she repents to Allah and turns to Him with a sincere repentance, and you desire her, then renew the contract. But now, the obligatory thing upon you is to part with her, as long as you are present and she prays, and if you are absent she abandons the prayer; then there is no good in her. She is defective, her creed is defective, and her fear of Allah is nonexistent or weak. She considers you but does not consider the right of Allah! So, it is recommended to part with her and keep her away, and you will be rewarded. In fact, it is obligatory upon you to divorce her and keep her away; because of the defect in her religion, due to her neglecting the prayer.
And a group of scholars from among the people of knowledge, from the imams of hadith and others from the meticulous scholars, have held that the one who abandons the prayer is a disbeliever with major shirk, even if he acknowledges its obligation. Although his acknowledgment of its obligation is mostly not correct, but rather mere politeness. If he acknowledged its obligation with a correct acknowledgment, he would not have abandoned it; because his acknowledgment of the obligation would drive him to pray. But his lack of acknowledgment of the obligation, or the weakness of his creed in that, emboldened him to abandon it—may Allah grant us safety—and so it is with the woman.
So, the obligatory thing upon you and those like you is to divorce the woman who does not pray and keep her away. And whenever she repents with a sincere repentance and you testify to her goodness, it is possible for you to marry her again with a new contract. And so it is with the woman whose husband does not pray; she should keep away from him, and go to her family, and not stay with him; because whenever he abandons the prayer, he is a disbeliever. And this is a great calamity that has occurred among people today.
So, the obligatory thing upon the man is to keep away from the woman who does not pray, and the obligatory thing upon the woman is to keep away from the man who does not pray, and to go to her family, even if she has children with him. Their provision is upon Allah, and she has more right to her children than this husband who does not pray. And the judge should make her children stay with her, and obligate him to provide for their maintenance, until he repents to Allah and returns to Allah. Then after that, he renews the contract, if it is after her waiting period has ended. And if he repented during the waiting period, then she is his wife, if he was praying at the time of the marriage and she was praying. But staying with a husband who does not pray, or with a wife who does not pray; this is not permissible. We ask Allah for guidance and success for everyone. Yes.
The presenter: O Allah, amen. May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.