The ruling on remaining with a husband who does not pray and commits major sins
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Question:
From the Holy City of Madinah, a moving message was sent by one of the female listeners. The sender, (M. S. H), our sister, says: My husband does not pray, does not fast, and drinks intoxicants. I have advised him often and been patient with him and his actions, such as severe beating and insults, hoping that Allah would guide him, for a period of eight years, but to no avail. He used to say: If a meeting and discussion take place between you and me in the presence of my family and your family, then you are divorced. A meeting took place in one session, in the presence of my family and his family, and a discussion occurred between us. Does this count as a divorce, or not? And what is the waiting period for a divorced woman? Is it three purifications or three menstrual cycles? Then what is the fate of my children? Is the father—whose image I have described to you—the guardian in that case, or the mother? Upon whom is financial maintenance obligatory? Guide us, may Allah reward you with good.
Answer:
First, it is obligatory for you to leave this husband and not remain with him; because one who does not pray is a disbeliever, even if he acknowledges its obligation, according to the most correct of the scholars' opinions, due to the saying of the Prophet (peace and blessings be upon him): And his saying (peace and blessings be upon him): Sunan Ibn Majah 1079Sahih (Darussalam) It is the pillar of Islam; whoever abandons it becomes a disbeliever, and if he does not believe in it, he becomes a disbeliever according to all scholars.
Then, in addition to this, there is another evil in him: drinking intoxicants, cursing, insulting, harming, and beating. All of these are severe, ugly defects, but the greatest and most dangerous of them is abandoning prayer; because it is disbelief.
So my advice to you is to be cautious and stay away from him. It is not permissible for you to remain with him; rather, it is obligatory for you to leave the place and go to your family.
As for what concerns the divorce that was pronounced by him, and the maintenance of his children, this is subject to the court. You must consult the court, and the court will be just to you—if Allah wills—and give you your right; because these are disputes between you and him. The judge will look into the matter and give you the document of separation and divorce, and give you your right—if Allah wills—in all aspects. The court in your country contains goodness and blessing.
The presenter: May Allah reward you with good, and may He do you good.
From the Holy City of Madinah, a moving message was sent by one of the female listeners. The sender, (M. S. H), our sister, says: My husband does not pray, does not fast, and drinks intoxicants. I have advised him often and been patient with him and his actions, such as severe beating and insults, hoping that Allah would guide him, for a period of eight years, but to no avail. He used to say: If a meeting and discussion take place between you and me in the presence of my family and your family, then you are divorced. A meeting took place in one session, in the presence of my family and his family, and a discussion occurred between us. Does this count as a divorce, or not? And what is the waiting period for a divorced woman? Is it three purifications or three menstrual cycles? Then what is the fate of my children? Is the father—whose image I have described to you—the guardian in that case, or the mother? Upon whom is financial maintenance obligatory? Guide us, may Allah reward you with good.
Answer:
First, it is obligatory for you to leave this husband and not remain with him; because one who does not pray is a disbeliever, even if he acknowledges its obligation, according to the most correct of the scholars' opinions, 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 كفرThen, in addition to this, there is another evil in him: drinking intoxicants, cursing, insulting, harming, and beating. All of these are severe, ugly defects, but the greatest and most dangerous of them is abandoning prayer; because it is disbelief.
So my advice to you is to be cautious and stay away from him. It is not permissible for you to remain with him; rather, it is obligatory for you to leave the place and go to your family.
As for what concerns the divorce that was pronounced by him, and the maintenance of his children, this is subject to the court. You must consult the court, and the court will be just to you—if Allah wills—and give you your right; because these are disputes between you and him. The judge will look into the matter and give you the document of separation and divorce, and give you your right—if Allah wills—in all aspects. The court in your country contains goodness and blessing.
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.