The Ruling on Marrying a Woman Who Does Not Pray
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He has one more question in his letter. He asks: If a man marries a woman thinking that she prays, and it later turns out that she does not pray, is this marriage invalid? And if she repents and starts praying, does the marriage continue?
Answer: This issue is based on a principle, which is the ruling regarding the one who abandons prayer. Whoever says that he is a disbeliever with major disbelief, even if he does not deny its obligation, says that this marriage is invalid; because a female disbeliever is not suitable for a Muslim. Allah says regarding them: [Al-Mumtahanah:10] And He said: [Al-Baqarah:221]. So the one who abandons prayer is a polytheist according to the correct opinion, and she is not to be married until she repents to Allah the Mighty and Majestic; due to His saying: [Al-Baqarah:221] And His saying in Surah Al-Mumtahanah: [Al-Mumtahanah:10].
As for the other opinion, which is that the one who abandons prayer out of negligence and laziness is not a disbeliever with major disbelief, but rather it is minor disbelief, and he is a sinner whose ruling is the ruling of the people of major sins, then according to this opinion the marriage is valid, and he has an excuse if he separates from her; because abandoning prayer is a great defect.
But the correct view is that it is major disbelief, and that if she does not pray, she is a disbeliever, so it is necessary to renew the marriage. If she repents and returns to Allah, it is necessary to renew the marriage. This is the correct view; because she is not like a People of the Book, but rather abandoning prayer is apostasy. So it is necessary for a sincere repentance, a repentance of truth. If she repents, he renews her marriage if he desires her, otherwise he leaves her. And when she exits the waiting period, it is permissible for her to marry, and he should divorce her with one divorce to exit from the disagreement, so that there remains no disagreement, and so that she marries with clarity. Since the issue is one of scholarly disagreement, if he divorces her with one divorce, that cuts off his attachment to her and her attachment to him, and exits from the disagreement of the scholars who say that the marriage is not defective; because abandoning prayer is not major disbelief in their view.
The intended point here is to clarify the ruling that is more worthy of evidence and more deserving of evidence. There is no doubt that the opinion that the one who abandons prayer is a disbeliever with major disbelief, if he abandons it out of negligence without denying its obligation, is the correct one. As for the one who denies its obligation, he is declared a disbeliever by the consensus of the Muslims with major disbelief, may Allah grant us safety; because he is a denier of Allah and His Messenger (peace and blessings be upon him). The dispute is only regarding the one who abandons it out of negligence while he believes in its obligation. This is the place of the dispute. It is authentic from the Messenger of Allah (peace and blessings be upon him) that he said:Sunan Ibn Majah 1079Sahih (Darussalam) Narrated by the people of the Sunan and Imam Ahmad with a sound chain. And he (peace and blessings be upon him) said: Reported by Muslim in his Sahih. And this is evidence that abandoning it is major disbelief. May Allah grant us safety. Yes.
The presenter: Meaning: The listener in this case, if he desires to remain with her, he must renew his marriage contract?
The Shaykh: After her repentance. Yes.
The presenter: May Allah reward you with good.
The Shaykh: Yes.
Answer: This issue is based on a principle, which is the ruling regarding the one who abandons prayer. Whoever says that he is a disbeliever with major disbelief, even if he does not deny its obligation, says that this marriage is invalid; because a female disbeliever is not suitable for a Muslim. Allah says regarding them:
they are not lawful [wives] for them, nor are they lawful [husbands] for them
لا هُنَّ حِلٌّ لَهُمْ وَلا هُمْ يَحِلُّونَ لَهُنَّAnd do not marry polytheistic women until they believe
وَلا تَنكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّAnd do not marry polytheistic women until they believe
وَلا تَنكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّthey are not lawful [wives] for them, nor are they lawful [husbands] for them
لا هُنَّ حِلٌّ لَهُمْ وَلا هُمْ يَحِلُّونَ لَهُنَّAs for the other opinion, which is that the one who abandons prayer out of negligence and laziness is not a disbeliever with major disbelief, but rather it is minor disbelief, and he is a sinner whose ruling is the ruling of the people of major sins, then according to this opinion the marriage is valid, and he has an excuse if he separates from her; because abandoning prayer is a great defect.
But the correct view is that it is major disbelief, and that if she does not pray, she is a disbeliever, so it is necessary to renew the marriage. If she repents and returns to Allah, it is necessary to renew the marriage. This is the correct view; because she is not like a People of the Book, but rather abandoning prayer is apostasy. So it is necessary for a sincere repentance, a repentance of truth. If she repents, he renews her marriage if he desires her, otherwise he leaves her. And when she exits the waiting period, it is permissible for her to marry, and he should divorce her with one divorce to exit from the disagreement, so that there remains no disagreement, and so that she marries with clarity. Since the issue is one of scholarly disagreement, if he divorces her with one divorce, that cuts off his attachment to her and her attachment to him, and exits from the disagreement of the scholars who say that the marriage is not defective; because abandoning prayer is not major disbelief in their view.
The intended point here is to clarify the ruling that is more worthy of evidence and more deserving of evidence. There is no doubt that the opinion that the one who abandons prayer is a disbeliever with major disbelief, if he abandons it out of negligence without denying its obligation, is the correct one. As for the one who denies its obligation, he is declared a disbeliever by the consensus of the Muslims with major disbelief, may Allah grant us safety; because he is a denier of Allah and His Messenger (peace and blessings be upon him). The dispute is only regarding the one who abandons it out of negligence while he believes in its obligation. This is the place of the dispute. It is authentic from the Messenger of Allah (peace and blessings be upon him) that he said:
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 كفرBetween a man and disbelief and shirk (associating partners with Allah) is the abandonment of prayer.
بين الرجل وبين الكفر والشرك ترك الصلاةThe presenter: Meaning: The listener in this case, if he desires to remain with her, he must renew his marriage contract?
The Shaykh: After her repentance. Yes.
The presenter: May Allah reward you with good.
The Shaykh: Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.