Ruling on renewing the marriage contract if one of the spouses does not pray
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Question:
He says: I married a long time ago, and I was blessed with sons and daughters. I have now discovered that my wife was not praying when the contract was written. What should I do now? May Allah reward you with good.
Answer:
If you are praying and she is not praying, then the obligatory thing, according to the most correct of the scholars' opinions, is to renew the marriage contract. The contract is renewed with a guardian, two witnesses, and a new mahr (bridal gift), if you are praying and she is not, or the reverse, if you are not praying and she is praying. In that case, it is obligatory to renew the contract, because abandoning the prayer is major shirk (associating partners with Allah) according to the most correct of the scholars' opinions.
So it is obligatory to renew the marriage contract. You ask her guardian to contract a new marriage for you after she has repented and returned to Allah. You renew the marriage with a new mahr, even if it is small, even with a small mahr, in the presence of two witnesses, even in the house, without the need for a court, and without the need for an official in your house, or in your father-in-law's house, or in the house of one of your brothers. You renew the marriage in the presence of two witnesses if you desire her and she desires you, with a new mahr, even if it is small. And praise be to Allah. Yes.
The presenter: May Allah reward you with good, and may He do you good.
He says: I married a long time ago, and I was blessed with sons and daughters. I have now discovered that my wife was not praying when the contract was written. What should I do now? May Allah reward you with good.
Answer:
If you are praying and she is not praying, then the obligatory thing, according to the most correct of the scholars' opinions, is to renew the marriage contract. The contract is renewed with a guardian, two witnesses, and a new mahr (bridal gift), if you are praying and she is not, or the reverse, if you are not praying and she is praying. In that case, it is obligatory to renew the contract, because abandoning the prayer is major shirk (associating partners with Allah) according to the most correct of the scholars' opinions.
So it is obligatory to renew the marriage contract. You ask her guardian to contract a new marriage for you after she has repented and returned to Allah. You renew the marriage with a new mahr, even if it is small, even with a small mahr, in the presence of two witnesses, even in the house, without the need for a court, and without the need for an official in your house, or in your father-in-law's house, or in the house of one of your brothers. You renew the marriage in the presence of two witnesses if you desire her and she desires you, with a new mahr, even if it is small. And praise be to Allah. Yes.
The presenter: May Allah reward you with good, and may He do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
