Ruling on living with family members who do not pray
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Q346: The questioner says: My family do not pray and do not fast, and they swear oaths by other than Allah. Is it permissible for me to separate from them permanently, knowing that they have rights of obedience over me? What must I do? I ask for your advice, may Allah guide you.
A346: If he means by his family his wife, and that she does not pray and does not fast, then he must counsel her, command her to pray and fast, adhere to the Shari'ah, and perform what Allah has made obligatory upon her. If she adheres and repents to Allah (Glorified and Exalted is He), then he keeps her with him. However, if she persists in refusing to pray, then she is not a Muslim, and it is not permissible for him to keep her; because Allah the Exalted said:[Al-Mumtahanah 60:10]. The one who deliberately leaves off prayer is undoubtedly a disbeliever. If she does not acknowledge its obligation, then her disbelief is agreed upon by the scholars. If she acknowledges its obligation but leaves it off out of laziness and negligence, then she is also a disbeliever according to the most correct of the two opinions of the scholars, as this is what the evidence from the Book and the Sunnah supports. If this woman persists in leaving off prayer and fasting, then it is not permissible for you to keep her in your protection, because she is not a Muslim, and it is not permissible for a Muslim to marry a disbelieving woman who is not from the People of the Book? As for swearing
by other than Allah, this is minor shirk (associating partners with Allah), and repentance from it and staying away from it is obligatory; because the Prophet (peace and blessings be upon him) said:Riyad as-Salihin 1711. And in another hadith: Sahih al-Bukhari 2679. Swearing by other than Allah is minor shirk, and it is obligatory for the Muslim to repent from it and restrict himself to swearing by Allah (Mighty and Majestic); because swearing is an act of exalting, and exalting is a right belonging to Allah (Glorified and Exalted is He). However, if he means by his family the people of his household, such as his brothers and parents, then he must counsel them and disapprove of their actions. If they do not accept the counsel and persist in leaving off prayer and fasting, then he does not stay with them; he must separate from them and boycott them; because Allah the Exalted said: [Al-Mujadila 58:22]
A346: If he means by his family his wife, and that she does not pray and does not fast, then he must counsel her, command her to pray and fast, adhere to the Shari'ah, and perform what Allah has made obligatory upon her. If she adheres and repents to Allah (Glorified and Exalted is He), then he keeps her with him. However, if she persists in refusing to pray, then she is not a Muslim, and it is not permissible for him to keep her; because Allah the Exalted said:
And hold not to marriage bonds with disbelieving women
وَلاَ تُمْسِكُوا بِعِصَمِ الْكَوَافِرِby other than Allah, this is minor shirk (associating partners with Allah), and repentance from it and staying away from it is obligatory; because the Prophet (peace and blessings be upon him) said:
He who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirk
من حلف بغير الله فقد كفر أو أشركWhoever has to take an oath should swear by Allah or remain silent.
من كان حالفًا فليحلف باللّه أو ليصمتYou will not find a people who believe in Allah and the Last Day having affection for those who oppose Allah and His Messenger, even if they were their fathers or their sons or their brothers or their kindred. Those - He has decreed within their hearts faith and supported them with spirit from Him. And We will admit them to gardens beneath which rivers flow, wherein they abide eternally. Allah is pleased with them, and they are pleased with Him - those are the party of Allah. Unquestionably, the party of Allah - they are the successful.
لاَ تَجِدُ قَوْمًا يُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ يُوَادُّونَ مَنْ حَادَّ اللَّهَ وَرَسُولَهُ وَلَوْ كَانُوا آبَاءَهُمْ أَوْ أَبْنَاءَهُمْ أَوْ إِخْوَانَهُمْ أَوْ عَشِيرَتَهُمْ أُولَئِكَ كَتَبَ فِي قُلُوبِهِمُ الْإِيمَانَ وَأَيَّدَهُمْ بِرُوحٍ مِنْهُ وَيُدْخِلُهُمْ جَنَّاتٍ تَجْرِي مِنْ تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا رَضِيَ اللَّهُ عَنْهُمْ وَرَضُوا عَنْهُ أُولَئِكَ حِزْبُ اللَّهِ أَلاَ إِنَّ حِزْبَ اللَّهِ هُمُ الْمُفْلِحُونَ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.