Source: Fatāwā Arkān-e-Islām
❖ Question
A married woman lives with her husband who does not perform prayer, and she has children from him. Is it permissible for her to continue living with such a husband? Also, what is the ruling on giving one’s daughter in marriage to a man who does not pray?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd!
A man who neither prays in congregation nor in private — if a woman marries such a man — then this marriage is not valid according to Sharīʿah.
❖ Reason: One Who Abandons Prayer Is a Disbeliever
This ruling is established from the Qur’an, Sunnah, and the statements of the Companions.
ʿAbdullāh ibn Shaqīq رحمه الله said:
«کَانَ اَصْحَابُ النبیٍ لَا يَرَوْنَ شَيْئًا مِنَ الْاَعْمَالِ تَرْکُهُ كُفْرٌ إِلَّا الصَّلَاةَ»
(Jāmiʿ at-Tirmidhī, al-Īmān, Bāb Mā Jāʾa fī Tark aṣ-Ṣalāh, ḥadīth: 2622)
Translation:
“The Companions of the Prophet ﷺ did not regard the abandonment of any deed as disbelief except for prayer.”
❖ A Muslim Woman Is Not Permissible for a Disbelieving Man
Allah ﷻ says:
﴿فَإِن عَلِمتُموهُنَّ مُؤمِنـتٍ فَلا تَرجِعوهُنَّ إِلَى الكُفّارِ لا هُنَّ حِلٌّ لَهُم وَلا هُم يَحِلّونَ لَهُنَّ﴾
(Sūrah al-Mumtaḥanah, 10)
Translation:
“If you become sure that they are believing women, then do not return them to the disbelievers. They are not lawful for them, nor are they lawful for them.”
❖ If Prayer Is Abandoned After Marriage
If the husband abandons prayer after marriage, the marriage is nullified automatically — unless he repents and returns to Islam.
Some scholars link this ruling to the ʿiddah period: if the ʿiddah finishes and the husband has not repented, then the woman is no longer lawful for him unless a new marriage contract is performed.
❖ Obligations of the Woman
◈ She must separate from the husband.
◈ She must not allow him intimacy until he repents and observes prayer.
◈ This ruling applies even if they have children.
In such a case, the father will not have the right of custody (ḥaḍānah) over the children, as he is no longer within the fold of Islam.
❖ Ruling on Giving Marriage to One Who Does Not Pray
Given the seriousness of this matter, all Muslim men are advised:
◈ Do not give your daughters — or any women under your guardianship — in marriage to men who do not pray.
◈ This is an extremely dangerous situation.
◈ Do not let family ties or friendship influence this decision.
❖ Supplication
I ask Allah ﷻ to guide us all.
ھذا ما عندي والله أعلم بالصواب
