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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on a woman seeking divorce from a husband who does not pray

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The first message in this episode came from listener (A. S.) from the Kirkuk Governorate in Iraq. She says in her message: I contracted marriage with a young man, and he has not yet consummated the marriage. I now want a divorce from him for many reasons. Among them: he is a man without good manners or education. While we are sitting in the gathering, he insults and curses me in front of people. That is one aspect. From another aspect: more than five months have passed since our marriage contract, but he does not spend on me or give me a single penny. So I am forced to reach out to my father and mother and ask them for money. From a third aspect: he is a man who does not pray, and if he does pray, he prays for two days and then leaves it off for a month. What am I to do? I have advised him repeatedly, but it has not helped. Please advise us, may Allah reward you. Is it permissible for me to seek divorce, or am I sinful? May Allah bless you.
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance.
To proceed: If the husband’s situation is as you described, O questioner! That is, he prays at times and does not pray most of the time, then it is not permissible for you to remain with him. This is because abandoning prayer is major shirk (associating partners with Allah) in the most correct of the scholars’ opinions, even if he does not deny its obligation.
Therefore, it is obligatory for you to get rid of him. It is not permissible for you to enter his home, and it is not permissible for this marriage to remain. In fact, given the situation described, it is an invalid contract in the most correct of the scholars’ opinions. You must be careful that he does not touch you or approach you. If divorce is not readily available, you can take the matter to the court for this reason. Additionally, he is foul-tongued, cursing and insulting, which is another reason. However, the reason of abandoning prayer is greater and more serious. We ask Allah for safety and well-being. Yes.
The presenter: May Allah reward you.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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