بسم الله الرحمن الرحيم
[49] If a woman marries a man who does not pray, or a man marries a woman who does not pray, what is the ruling (on this)?
He answered by saying:
If a woman marries a man who does not pray, or a man marries a woman who does not pray, then the marriage contract (al-nikāh) between them is invalid (bātil) and the woman is not made lawful by it. This is because the one who abandons prayer is a disbeliever as evidenced by the Book of Allāh, the Sunnah of His Messenger (ﷺ) and the statements of the Companions – may Allāh be pleased with them.
Based on this, it is not permissible for a Muslim woman to marry a person who does not pray, nor is it permissible for a Muslim man to marry a woman who does not pray. Due to His saying – the Exalted – regarding the emigrant women:
فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لا هُنَّ حِلٌّ لَهُمْ وَلا هُمْ يَحِلُّونَ لَهُنَّ
“If you ascertain that they are believing women do not return them to the disbelievers. They are not lawful for them, nor are they lawful for them.” (60:10)
So whoever marries a man who does not pray, she is forbidden (harām) to him, and she must prevent him from herself and try to free herself from him as much as she is able. If he repents and (begins to) pray, then the contract must be renewed if the wife agrees to that.
As for if she married a man who prays and then he abandons prayer, then the marriage is dissolved/annulled and it is not permissible for her to remain with him even if she has children from him, because her children in this situation follow her and their father has no right to custody of them, because he is a disbeliever, and there is no custody for a disbeliever over a Muslim. If Allāh – the Exalted – guides him and he prays, his wife returns to him according to the detailed rulings known among the people of knowledge.
I urge all my Muslim brothers to have fear of Allāh – Mighty and Majestic – regarding those women whom Allāh has placed under their authority/responsibility, and not to take risks with them as some people do nowadays – marrying off his daughter or the like to a person who does not pray, saying “Perhaps Allāh will guide him in the future.” This is forbidden for him (to do so), and the future is unknown, and perhaps the matter will be the opposite and he will drag her to negligence regarding prayer and abandoning it.
I ask Allāh for myself and my Muslim brothers success in what He loves and is pleased with.
(Majmū al-Fatāwā of Shaykh Muhammad ibn Sālih al-‘Uthaymīn 12/88-89)
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