A woman married for thirty-seven years to a husband who works in one of the Arab countries, and she has children from him, and when she married him he did not pray at all, and
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The questioner : A woman says: I have been married for thirty-seven years to a husband who works in one of the Arab countries, and I have children from him, and when I married him he did not pray at all, and he was addicted to intoxicants, may Allah protect us, and he was afflicted with smoking, and he committed many sins, and he was negligent about fasting, and now he has started praying and performing the prayers in the mosque except for the Fajr prayer, which he performs at home after the time has passed intentionally, and I advised him to witness the Fajr prayer in the mosque with the congregation, but he did not accept the advice, even though the mosque is next to the house, but as for the intoxicants and smoking, he is still insistent on them and did not accept the advice, and I directed him many times but to no avail, and I faced many problems and bad treatment from him, and he does not respect me, and he does not respect this wife's family, she asks: How do I deal with this husband, O honorable Shaykh, and he treats me badly?
The Shaykh : If what you mentioned is true, that she married him while he did not pray, then it is obligatory for her now to separate from him until he renews the contract if she wants to remain with him, and that is because the contract over her while he does not pray is a contract of a disbeliever over a Muslim woman, and the marriage contract of a disbeliever over a Muslim woman is a forbidden contract by which the woman is not lawful, Allah the Mighty and Majestic said:[Al-Mumtahanah 60:10].
This is the obligatory thing: that she separate from him now immediately from the moment she hears this statement of mine, then if she wishes to have a husband, let him renew the contract, and if she does not wish, there is no blame on her and she is lawful for others, although I direct advice to this man who started praying and entered Islam through his prayer, to leave these forbidden things that the woman mentioned, if she is truthful, such as drinking intoxicants, smoking, and the like.
The Shaykh : If what you mentioned is true, that she married him while he did not pray, then it is obligatory for her now to separate from him until he renews the contract if she wants to remain with him, and that is because the contract over her while he does not pray is a contract of a disbeliever over a Muslim woman, and the marriage contract of a disbeliever over a Muslim woman is a forbidden contract by which the woman is not lawful, Allah the Mighty and Majestic said:
O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them
يا أيها الذين آمنوا إذا جاءكم المؤمنات مهاجرات فامتحنوهن الله أعلم بإيمانهن فإن علمتموهن مؤمنات فلا ترجعوهن إلى الكفار لا هن حل لهم ولا هم يحلون لهنThis is the obligatory thing: that she separate from him now immediately from the moment she hears this statement of mine, then if she wishes to have a husband, let him renew the contract, and if she does not wish, there is no blame on her and she is lawful for others, although I direct advice to this man who started praying and entered Islam through his prayer, to leave these forbidden things that the woman mentioned, if she is truthful, such as drinking intoxicants, smoking, and the like.