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Ruling on Marriage with a Non-Praying Partner in Islam

Shar‘i Ruling on the Marriage of a Non-Praying (Be-Namaz) Individual and Related Details
Based on: Fatawa of the Scholars of Hadith, Kitab al-Salah, Vol. 1


❖ Question


What is the Islamic ruling on the marriage of a person who does not offer Salah (Be-Namaz)?


❖ Ruling


For a valid Nikah (marriage) in Islam, it is essential that both partners are:


✔ Believers (Mu’min)
✔ Affirm the oneness of Allah (Muwahhid)
✔ Free from major acts that nullify faith (Muhsin)


If either spouse is a disbeliever, polytheist, or known adulterer, the Nikah is invalid under Islamic law.


❖ Status of the Non-Praying Individual


A person who completely abandons Salah — whether out of denial or out of laziness and negligence — is considered by many scholars to be a disbeliever (kāfir).


This is based on the strongest scholarly view, as adopted by major scholars such as:


Shaykh ‘Abd al-‘Azīz ibn Bāz (رحمه الله)
✔ Scholars of Ahl al-Hadith
✔ Based on explicit evidences from Qur’an and Sunnah


❖ Fatwa of Shaykh ‘Abd al-‘Azīz ibn Bāz (رحمه الله)


Question:
What is the ruling on the marriage of someone who initially did not perform Salah, then later repented by Allah’s guidance?


Answer:


✅ If the wife was also non-practicing in Salah:
Then the Nikah remains valid, because both spouses shared the same (non-Islamic) state, and the marriage occurred under mutual conditions.


❌ If the wife was a practicing Muslimah:
Then the marriage is invalid, and renewal of Nikah is obligatory, because it is haram (forbidden) for a Muslim woman to be married to a disbelieving man.



❖ Qur’anic Evidence


🕋 Surah al-Baqarah – Verse 221
"وَلَا تُنْكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا"
Translation:

“And do not marry polytheist men [to your women] until they believe.”


🕋 Surah al-Mumtahanah – Verse 10
"فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ، لَا هُنَّ حِلٌّ لَهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ"
Translation:

“If you know them to be believing women, do not return them to the disbelievers; they are not lawful for them, nor are they (the disbelievers) lawful for them.”



❖ Summary

✔ If both husband and wife were non-practicing in Salah at the time of marriage, the Nikah is valid.
✔ If the wife was a practicing Muslimah, then her marriage to a non-praying man (considered kāfir) is invalid, and Nikah must be renewed after his repentance.
✔ It is not permissible in Shari‘ah for a Muslim woman to marry a disbelieving man.
 
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