The Effect of Not Praying on the Validity of the Marriage Contract Between the Two Spouses
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Question:
The questioner says: If a marriage contract is concluded with a wife, and the wife and the husband are negligent in performing the prayer, meaning: they pray at some times and leave it at other times, what is the validity of that contract? And are the children lawful or forbidden if they exist?
Answer:
If the two spouses pray or do not pray, the contract is valid, and the children are attributed to them due to the doubt regarding the marriage, if both of them pray or do not pray. The marriage is valid, like the marriage of the other disbelievers; their marriage is valid according to what they are accustomed to in their marriages.
However, if one of them prays and the other does not pray, the marriage is not valid, and it must be renewed if she prays and he does not, or if he prays and she does not. This is because leaving the prayer is disbelief, absolutely, according to the most correct opinion, even if she did not deny its obligation, and even if he did not deny its obligation. The Prophet (peace and blessings be upon him) said:, and he (peace and blessings be upon him) said: Sunan Ibn Majah 1079Sahih (Darussalam).
So if she does not pray, it is obligatory to renew the marriage, or if he does not pray, or if he prays at times and leaves it at times, or if she is the same, it is obligatory to renew it. The marriage is repeated after their repentance, if the one who left the prayer repents. If the one who left the prayer repents to Allah, the marriage is renewed with a new contract, the testimony of two just witnesses, and a new mahr, even if it is small, even if they do not go to the court, and even if they do not go to the official, but they do it themselves. That is: the wali and the husband and two just witnesses are present, and the marriage is renewed with the condition of the mahr that the woman is satisfied with, even if it is small. He says: "I have married you to you," and she says: "I accept with such and such a mahr," in the presence of two witnesses, if one of them did not pray at the time of the first contract.
However, if both of them pray, this is known, or if both of them do not pray, their contract is valid, because they share in disbelief: like the polytheists, the Jews, the Christians, and their like. Their marriages are valid according to what they are accustomed to in their religion. The calamity is only if one of them does not pray. This is the place for renewing the marriage—may Allah guide us all.
The questioner says: If a marriage contract is concluded with a wife, and the wife and the husband are negligent in performing the prayer, meaning: they pray at some times and leave it at other times, what is the validity of that contract? And are the children lawful or forbidden if they exist?
Answer:
If the two spouses pray or do not pray, the contract is valid, and the children are attributed to them due to the doubt regarding the marriage, if both of them pray or do not pray. The marriage is valid, like the marriage of the other disbelievers; their marriage is valid according to what they are accustomed to in their marriages.
However, if one of them prays and the other does not pray, the marriage is not valid, and it must be renewed if she prays and he does not, or if he prays and she does not. This is because leaving the prayer is disbelief, absolutely, according to the most correct opinion, even if she did not deny its obligation, and even if he did not deny its obligation. The Prophet (peace and blessings be upon him) said:
Between the man and disbelief and shirk (associating partners with Allah) is abandoning the prayer
بين الرجل وبين الكفر والشِّرك: ترك الصلاةThe covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr.
العهد الذي بيننا وبينهم الصلاة، فمَن تركها فقد كفرSo if she does not pray, it is obligatory to renew the marriage, or if he does not pray, or if he prays at times and leaves it at times, or if she is the same, it is obligatory to renew it. The marriage is repeated after their repentance, if the one who left the prayer repents. If the one who left the prayer repents to Allah, the marriage is renewed with a new contract, the testimony of two just witnesses, and a new mahr, even if it is small, even if they do not go to the court, and even if they do not go to the official, but they do it themselves. That is: the wali and the husband and two just witnesses are present, and the marriage is renewed with the condition of the mahr that the woman is satisfied with, even if it is small. He says: "I have married you to you," and she says: "I accept with such and such a mahr," in the presence of two witnesses, if one of them did not pray at the time of the first contract.
However, if both of them pray, this is known, or if both of them do not pray, their contract is valid, because they share in disbelief: like the polytheists, the Jews, the Christians, and their like. Their marriages are valid according to what they are accustomed to in their religion. The calamity is only if one of them does not pray. This is the place for renewing the marriage—may Allah guide us all.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.