Remaining with a husband who does not pray is not allowed as he is a disbeliever (kaafir).
From: Fataawaa al-Mar’ah, 11/182
If a women is married and her husband does not pray, is it permissible for her to leave him?
If a woman is married and her husband never prays, not in the congregational prayer or by himself, then her marriage to him is void and she is not his wife. She is not permissible to him in marital relations, because she has become as a strange woman to him. It is obligatory in this situation for her to go to her family and exert her utmost efforts in separating from this man who has disbelieved after his Islam. (Refuge from this is with Allah). Upon this I say, it is not permissible for any woman whose husband does not pray, to stay with him for the blink of an eye, even if she has children from him. The children in this situation will remain in her custody of a Muslim. If Allah guides her husband, and she returns to him if she is still within her waiting period. If her waiting period finishes before he returns to the prayer then her affairs are in her own hands. Most of the scholars are of the opinion that the wife of an apostate is not to return to him if he returns to Islam after her waiting period has finished except by concluding a new marriage contract.
Source: Fataawa as-Shaykh Muhammad as-Saaleh al-‘Uthaymeen: 2/778
My husband neglects his religion; he does not fast in Ramadaan and he does not pray, and moreover, he stops me from doing any good deed. He has also started to be so suspicious of me, that he has left his work to stay home so he can watch over me. What should I do?
It is not permissible to stay with a husband who is like this, because by neglecting the salaah (prayer) he is a kaafir, and it is not permissible for a Muslim woman to marry a kaafir or stay with him.
Allah says (interpretation of the meaning):
“… if you ascertain that they [women] are true believers, send them not back to the disbelievers, they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them…”
The marriage between you and him is null and void, and there can be no nikaah (marriage) between you unless Allah guides him and he repents to Allah and comes back to Islam. In that case the marriage will remain valid. The husband’s conduct is not correct, and it seems to me that he is suffering from some kind of (mental) illness, namely paranoia and waswaas (insinuating whispers of the Shaytaan) from which some people suffer with regard to their worship and their dealings with others. Nothing will get rid of this sickness but remembering Allah (dhikr), seeking refuge in Him and putting one’s trust in Him to get rid of it. What matters is that for your part, you have to leave him and not stay with him, because he is a kaafir and you are a believer. With regard to your husband, we advise him to come back to his religion and to seek refuge with Allah from the accursed Shaytaan, and to try to recite some beneficial du’aa’s with which to rid his heart of this waswaas.
We ask Allah to help him.
And Allah knows best.
From the Fataawa of Shaykh Ibn al-‘Uthaymeen, in al-Da’wah Magazine, no. 1709, p. 34
“Make things easy and do not make things difficult. Give glad tidings and do not repel people..”
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