Renewing the marriage contract for one who is lax in performing the prayer
Machine translationRead the Arabic original
Question:
A letter reached the program from one of the listening brothers, containing a collection of questions. In one of them, he says: If a man marries a woman while he does not maintain the prayer with full observance, meaning that he prays one obligatory prayer and leaves another, and then afterwards he repents and maintains the prayer, is he required to rewrite the contract—the marriage contract—or is what has passed valid?
May Allah reward you with good.
Answer:
If the husband does not pray at times, while the wife is observant, then he must renew the contract according to the most correct of the two opinions of the scholars; because leaving the prayer is major shirk (associating partners with Allah) according to the most correct of the two opinions of the scholars.
And the majority held: that there is no need to renew the contract if he does not deny its obligation, but rather he knows that it is obligatory upon him, and he believes in that, but he is lax at times. They say: he is not required to renew the contract; because he does not become a disbeliever with major disbelief by that, but rather it is minor shirk (associating partners with Allah).
And the correct view: that it is major shirk (associating partners with Allah); this is the most correct of the two opinions of the scholars; due to the saying of the Prophet (peace and blessings be upon him): narrated by Muslim in the Sahih; and due to his saying (peace and blessings be upon him): Sunan Ibn Majah 1079Sahih (Darussalam) reported by Imam Ahmad and the people of the Sunan with a sound chain; and due to other evidence indicating the disbelief of the one who leaves the prayer, even if he does not deny its obligation.
So he must renew the contract if the woman prays and is observant. But if she is like him, there is no renewal; the contract is valid; because the Messenger (peace and blessings be upon him) approved the contracts of the disbelievers when they became Muslims. But if she is observant and he is not, the contract is renewed. Or the reverse: if he is observant and she is not, the contract is renewed. The contract is renewed after repentance. It is upon the one who was not observant to renew the contract, even between themselves without the need for a judge or an authorized official. If they renew it in the house between themselves in the presence of two witnesses, and the wali (guardian) says, “I have married you to her,” and he says, “I accepted,” with a mahr (bridal gift), even if it is small, in the presence of two just witnesses, that is sufficient, and praise be to Allah.
The presenter: May Allah reward you with good.
A letter reached the program from one of the listening brothers, containing a collection of questions. In one of them, he says: If a man marries a woman while he does not maintain the prayer with full observance, meaning that he prays one obligatory prayer and leaves another, and then afterwards he repents and maintains the prayer, is he required to rewrite the contract—the marriage contract—or is what has passed valid?
May Allah reward you with good.
Answer:
If the husband does not pray at times, while the wife is observant, then he must renew the contract according to the most correct of the two opinions of the scholars; because leaving the prayer is major shirk (associating partners with Allah) according to the most correct of the two opinions of the scholars.
And the majority held: that there is no need to renew the contract if he does not deny its obligation, but rather he knows that it is obligatory upon him, and he believes in that, but he is lax at times. They say: he is not required to renew the contract; because he does not become a disbeliever with major disbelief by that, but rather it is minor shirk (associating partners with Allah).
And the correct view: that it is major shirk (associating partners with Allah); this is the most correct of the two opinions of the scholars; due to the saying of the Prophet (peace and blessings be upon him):
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 كفرSo he must renew the contract if the woman prays and is observant. But if she is like him, there is no renewal; the contract is valid; because the Messenger (peace and blessings be upon him) approved the contracts of the disbelievers when they became Muslims. But if she is observant and he is not, the contract is renewed. Or the reverse: if he is observant and she is not, the contract is renewed. The contract is renewed after repentance. It is upon the one who was not observant to renew the contract, even between themselves without the need for a judge or an authorized official. If they renew it in the house between themselves in the presence of two witnesses, and the wali (guardian) says, “I have married you to her,” and he says, “I accepted,” with a mahr (bridal gift), even if it is small, in the presence of two just witnesses, that is sufficient, and praise be to Allah.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.