The ruling on one who married a woman who does not pray, and then she repented
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Question:
Is there any issue from the perspective of the marriage and the children, regarding a woman whom a man married while she was not praying, and when he married her he taught her matters of her religion, and she has started praying, praise be to Allah?
Answer:
Yes, if the husband prays and she does not pray, he must renew the marriage contract; this is the correct view. The majority of scholars held that he does not need to renew it if she does not deny its obligation, meaning if she does not deny that it is obligatory, and it is merely negligence on her part. However, the correct view is that he must renew the marriage contract, based on the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 1079Sahih (Darussalam) This includes both men and women. So if she does not pray and he does, he must renew the marriage contract, and the same applies in the reverse case: if he does not pray and she does, he must renew the marriage contract.
As for if neither of them prays at the time of the marriage, the marriage is valid, just like the marriages of the other disbelievers, which are valid. And if Allah accepts their repentance, the marriage remains as it is. However, if one of them does not pray and the other does, he must renew the marriage contract; because the one who does not pray is a disbeliever, and a disbeliever’s marriage to a Muslim woman is not valid, nor is a Muslim woman’s marriage to a disbeliever valid. Therefore, it is necessary that they both be Muslims or both be disbelievers.
Except if the woman is from the People of the Book, a Jewish or Christian woman who is chaste, it is permissible for a Muslim to marry her; because Allah has permitted us to marry the chaste women of the People of the Book. But if his wife is a disbeliever who abandons prayer, the marriage is not valid in that case. Or if she is a disbeliever by worshipping graves, seeking aid from the dead, or the like, then her marriage is invalid in that case, so he must renew the marriage contract if he is a Muslim.
The summary and conclusion is: if they are both disbelievers, or both Muslims, the marriage is valid. Or if he is a Muslim and the woman is from the People of the Book, the marriage is valid. But if he is a disbeliever and she is a Muslim, the marriage is invalid. Or if he is a Muslim and she is a disbeliever, but not from the People of the Book, such as one who abandons prayer or a polytheist, the marriage is also not valid. We ask Allah for safety. Yes.
The presenter: O Allah, amen. May Allah reward you with good.
Is there any issue from the perspective of the marriage and the children, regarding a woman whom a man married while she was not praying, and when he married her he taught her matters of her religion, and she has started praying, praise be to Allah?
Answer:
Yes, if the husband prays and she does not pray, he must renew the marriage contract; this is the correct view. The majority of scholars held that he does not need to renew it if she does not deny its obligation, meaning if she does not deny that it is obligatory, and it is merely negligence on her part. However, the correct view is that he must renew the marriage contract, based on the saying of the Prophet (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 كفرAs for if neither of them prays at the time of the marriage, the marriage is valid, just like the marriages of the other disbelievers, which are valid. And if Allah accepts their repentance, the marriage remains as it is. However, if one of them does not pray and the other does, he must renew the marriage contract; because the one who does not pray is a disbeliever, and a disbeliever’s marriage to a Muslim woman is not valid, nor is a Muslim woman’s marriage to a disbeliever valid. Therefore, it is necessary that they both be Muslims or both be disbelievers.
Except if the woman is from the People of the Book, a Jewish or Christian woman who is chaste, it is permissible for a Muslim to marry her; because Allah has permitted us to marry the chaste women of the People of the Book. But if his wife is a disbeliever who abandons prayer, the marriage is not valid in that case. Or if she is a disbeliever by worshipping graves, seeking aid from the dead, or the like, then her marriage is invalid in that case, so he must renew the marriage contract if he is a Muslim.
The summary and conclusion is: if they are both disbelievers, or both Muslims, the marriage is valid. Or if he is a Muslim and the woman is from the People of the Book, the marriage is valid. But if he is a disbeliever and she is a Muslim, the marriage is invalid. Or if he is a Muslim and she is a disbeliever, but not from the People of the Book, such as one who abandons prayer or a polytheist, the marriage is also not valid. We ask Allah for safety. Yes.
The presenter: O Allah, amen. May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.