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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Remaining with a Husband Who Neglects Prayer and Has a Bad Character

Machine translationRead the Arabic original
Question:
The questioner: The woman who indicated her name with the symbol (S. A.) from Jazan, wrote in fact a long letter, the summary of which—O Shaykh—is that she says: I inform you—O Shaykh—that I am a woman married to a man who treats me badly. He prays little, stays up late a lot, curses and insults a lot, prevents me from visiting my relatives, and threatens me with divorce if I do so. The last thing that happened from him is that he proposed for his eldest son, and after the marriage contract was concluded, he abandoned him and refused to help him with the costs of marriage.
So I am now confused, as he does not provide for us as he should, but rather wastes money in what does not please Allah in late-night outings and other things.
So I am now between two fires, and my daughters have become grown, I cannot leave them with him, and I cannot stand with my son against him, for we are not his match. Guide us—O Shaykh—in light of this letter?

Answer:
If the man does not pray, or leaves off prayer at times, then this is disbelief and misguidance. The correct view is that whoever leaves off prayer is a disbeliever; 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 الصلاة
and his saying (peace and blessings be upon him):
The 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 كفر
Sunan Ibn Majah 1079Sahih (Darussalam)
.
So it is obligatory for you to separate from him, go to your family, and demand divorce from the side of the court.
As for if he prays, but may be late for a prayer in congregation, or does not pray in the house, then he is a sinner, and may resemble the hypocrites, but he is not declared a disbeliever for that.
As for what is from the side of maintenance, and from the side of cursing and insulting, then it is for you to advise him, and your relatives like his brothers or his father if he has a father or grandfather, or good relatives, or righteous neighbors. You say to them, and seek help from Allah, then from them in advising him; perhaps Allah will guide him through your means. And if he does not accept the advice, then it is possible for you to refer to the court, or go to your family, and ask for divorce; because this state has no life with it, it is a bad state. So if he does not straighten out on the right path, then you may divorce him, and ask for divorce for his bad character and bad deeds. But if it is facilitated for you and his father or grandfather or his brothers or his uncles or his good neighbors, if it is facilitated to advise him, perhaps he will be guided, perhaps he will straighten out, perhaps his character will be corrected, perhaps he will leave staying up late. If this is facilitated, then be glad with good, and count on the reward.
So if this is not facilitated, then it is for you to go to your family, and ask for divorce; because these are bad morals, you are not obligated to be patient with them. We ask Allah for safety, and we ask Allah for guidance for us and for him.

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.

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