Renewing the marriage contract for one who abandoned prayer and then repented
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Question:
It was stated in the fatwa of Nur 'ala al-Deeb: that the one who married while not praying, then guided himself and prayed, must renew the marriage contract again. We ask you to elaborate on this?
Answer:
If the wife is Muslim and he does not pray, he is a disbeliever, and it is not valid for a disbeliever to marry a Muslim woman. It is obligatory for him to renew the contract, because Allah (Exalted and Majestic is He) said: [Al-Mumtahanah:10]
He renews the contract if she wants him and he wants her. He renews the contract with whatever mahr (bridal gift) is feasible, in the presence of two witnesses. The wali (guardian) says to him, "I have married you to her," and he says, "I accept." Even if they do not go to the mu'adhdhin (officiant), between themselves, because the objective is to make the act of intercourse lawful in a Shari'ah manner. So if he says to the husband, "I have married you to her," and she is willing, he says, "I have married you to her," and he says, "I accept," with whatever mahr is feasible, even if it is little, in the presence of the witnesses, that is sufficient.
It was stated in the fatwa of Nur 'ala al-Deeb: that the one who married while not praying, then guided himself and prayed, must renew the marriage contract again. We ask you to elaborate on this?
Answer:
If the wife is Muslim and he does not pray, he is a disbeliever, and it is not valid for a disbeliever to marry a Muslim woman. It is obligatory for him to renew the contract, because Allah (Exalted and Majestic is He) said:
they are not lawful [wives] for them, nor are they lawful [husbands] for them
لَا هُنَّ حِلٌّ لَهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّHe renews the contract if she wants him and he wants her. He renews the contract with whatever mahr (bridal gift) is feasible, in the presence of two witnesses. The wali (guardian) says to him, "I have married you to her," and he says, "I accept." Even if they do not go to the mu'adhdhin (officiant), between themselves, because the objective is to make the act of intercourse lawful in a Shari'ah manner. So if he says to the husband, "I have married you to her," and she is willing, he says, "I have married you to her," and he says, "I accept," with whatever mahr is feasible, even if it is little, in the presence of the witnesses, that is sufficient.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.