Her husband doesn't pray Fatwa No: 88010
- Fatwa Date:17-6-2004
I am a Muslim woman married to an Englishman who converted to Islam. He fasts, pays zakat and is very kind and loving husband, but he doesn't pray. I have given him a choice, either pray or divorce. Am I right?
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
It is forbidden for a Muslim woman to stay with any husband who refuses to pray while considering prayer as a non-obligatory act. This seems to be the case of your husband. As a result, it is unlawful for you to stay with him unless he starts praying.
However, if your husband does not deny that prayer is an obligation upon every Muslim and does not pray out of negligence only, then scholars have different opinions about him.
Some scholars believe that such people are apostates and renegade from Islam. Other scholars believe that he should be killed. A third group of scholars believe that he should be jailed until he prays.
Now you should refuse to let him enjoy sex with you until he prays. If he insists on this habit of not praying, you should take your case to the court in order to get separated from him.
Allah knows best.