A Spouse Neglecting The Prayer-Marriage is Valid
Fatwa No: 393379

  • Fatwa Date:6-3-2019 - Jumaadaa Al-Aakhir 29, 1440
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Question

Case 1. If She pray regularly and he dose not pray regularly before and at the time of nikah. Then he prayed regularly some months after nikah (Both praying now). Is nikah contract validCase 2. If She pray regularly but he dose not prayed regularly before and at the time of nikah.Then both prayed for a while regularly suddenly both stopped praying for some weeks then both started to pray regularly again. Is nikah contract valid?Case3. If one of spouses pray regularly, but the other dose not pray at all before and at the time of nikah, then both pray regularly after nikah. Is nikah contract valid?Case 4. If both man and woman do not pray at all before and at the time of nikah, then both started praying some months after nikah. Is nikah contract valid?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The marriage is valid in all the four cases that you mentioned in the question if it fulfilled the conditions for a valid marriage which we have already highlighted in Fatwa 83629; so please refer to it. The most important of these conditions are the presence (or consent) of the guardian and the presence of two witnesses.

What we have stated about the validity of the marriage is based on the fact that the majority of the scholars are of the view that the person who abandons the prayer out of laziness does not go out of the fold of Islam, contrarily to the view of some scholars who rule such a person to be out of the fold of Islam.

We draw your attention that the matter of choosing the spouse should not be taken lightly and that one should take into consideration the religion and moral conduct of the future spouse, as advocated by Allah Who is All Wise.

For the wife, Abu Hurayrah  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "A woman is married for four reasons: her wealth, her family lineage, her beauty and her religion. So choose the religious one." [Al-Bukhaari and Muslim]

As for the husband, Abu Hurayrah  may  Allaah  be  pleased  with  him also narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "If a man whose religion and moral conduct are pleasing to you proposes to you (to marry your daughter), then let him marry; otherwise there will be great mischief and corruption on earth." [At-Tirmithi]

We also draw your attention to be careful about neglecting the prayer, either by abandoning it totally or delaying it from its prescribed time without any legitimate excuse. The prayer is a matter of great importance as it is the second pillar of Islam. It is the link between the slave and his Lord, and it is the first thing among the slave's deeds for which he will be held accountable on the Day of resurrection; if it is good (performed on time with its conditions and pillars fulfilled), then he will succeed, otherwise he will be a loser. If a person loses his religion, then he has indeed lost everything. Allah Says (what means): {Say, "Indeed, the losers are the ones who will lose themselves and their families on the Day of Resurrection. Unquestionably, that is the manifest loss."} [Quran 39:15]

Allah knows best.

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