The Ruling on Marrying One Who Neglects Prayer
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Question:
He asks about a case, saying: I married four years ago, and before the marriage, and after it, I was not careful about prayer; that is, I was negligent. Sometimes I would pray, and sometimes I would not, but I acknowledge its obligation. I bear witness that there is no god but Allah, and that Muhammad is the Messenger of Allah (peace and blessings be upon him). I have heard from some scholars that the marriage contract is invalid. What is the truth of this statement? I am aware that I was ignorant that negligence in, or abandoning, prayer invalidates the marriage contract. If it does invalidate it, what is the status of the children? And what should be done now? Please advise us, may Allah reward you with good.
Answer:
If she prays, and you do not pray at times, then it is obligatory to renew the contract; this is the correct view. Some scholars hold that abandoning it without denying its obligation is minor disbelief, not major disbelief, and this is the view of the majority. However, the stronger view based on evidence is that abandoning it is major disbelief, even if one does not deny its obligation.
Therefore, it is obligatory for you to renew the contract: with a guardian, two witnesses, and a new bridal gift, if you have the desire and she has the desire. If you both have the desire, each one desiring the other, you renew the contract with a new bridal gift, a new contract, and two witnesses, even if it is a small bridal gift that you both agree upon.
As for the children, they are your children due to the doubt regarding the marriage. So the children are connected to you; they are your children, and there is no blame in that, and praise be to Allah. Yes.
The presenter: May Allah reward you with good.
Your Eminence! He mentions that ignorance was his portion, and he did not know that it affects the marriage contract?
The Shaykh: It does not affect it; ignorance, this does not affect it, because the matter is well known—praise be to Allah—among the Muslims, and there is no basis for ignorance of such a thing. Yes.
The presenter: May Allah reward you with good.
He asks about a case, saying: I married four years ago, and before the marriage, and after it, I was not careful about prayer; that is, I was negligent. Sometimes I would pray, and sometimes I would not, but I acknowledge its obligation. I bear witness that there is no god but Allah, and that Muhammad is the Messenger of Allah (peace and blessings be upon him). I have heard from some scholars that the marriage contract is invalid. What is the truth of this statement? I am aware that I was ignorant that negligence in, or abandoning, prayer invalidates the marriage contract. If it does invalidate it, what is the status of the children? And what should be done now? Please advise us, may Allah reward you with good.
Answer:
If she prays, and you do not pray at times, then it is obligatory to renew the contract; this is the correct view. Some scholars hold that abandoning it without denying its obligation is minor disbelief, not major disbelief, and this is the view of the majority. However, the stronger view based on evidence is that abandoning it is major disbelief, even if one does not deny its obligation.
Therefore, it is obligatory for you to renew the contract: with a guardian, two witnesses, and a new bridal gift, if you have the desire and she has the desire. If you both have the desire, each one desiring the other, you renew the contract with a new bridal gift, a new contract, and two witnesses, even if it is a small bridal gift that you both agree upon.
As for the children, they are your children due to the doubt regarding the marriage. So the children are connected to you; they are your children, and there is no blame in that, and praise be to Allah. Yes.
The presenter: May Allah reward you with good.
Your Eminence! He mentions that ignorance was his portion, and he did not know that it affects the marriage contract?
The Shaykh: It does not affect it; ignorance, this does not affect it, because the matter is well known—praise be to Allah—among the Muslims, and there is no basis for ignorance of such a thing. Yes.
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.