Seeking Divorce Without a Legitimate Reason - Part 2

Seeking Divorce Without a Legitimate Reason - Part 2

Shaykh Abdul-Azeez ibn Baaz
Reference: Fataawa At Talaaq. P.236.
Category: Women's Matters
If a woman seeks a divorce from her husband without a legitimate reason and the husband refuses that request is he a sinner as a result?
As for the one who doesn't pray then it is not permissible for her to remain with him because abandoning the prayer is kufr (disbelief), and refuge is sought with Allaah. And that is because the prayer (salaat) is the pillar of the religion, so if the husband abandons the prayer then this becomes a legitimate excuse for the woman to refuse to be with him, and it is not permissible for him to be together with her, not until he repents to Allaah from this based upon the statement of the Messenger طµظ„ظ‰ ط§ظ„ظ„ظ‡ ط¹ظ„ظٹظ‡ ظˆ ط³ظ„ظ…:
"The contract/treaty that is between us and them is the salaat so whoever abandons it has disbelieved"
...and also his statement:
"The head of the affair is Islaam and its pillar is the salaat..."
And likewise he طµظ„ظ‰ ط§ظ„ظ„ظ‡ ط¹ظ„ظٹظ‡ ظˆ ط³ظ„ظ… said:
"Between a man and disbelief and shirk is the abandonment of the salaatâ€‌
The salaat is a great affair and it is the pillar of Islaam and it is the first thing that the slave will be held accountable for on the Day of Judgment from his actions.
So, it is crucial that upon every believing man and believing woman or any individual who proclaims Islaam to fear Allaah and safeguard his salawat (prayers) at their proper times and to establish them in congregation with the Muslims in the masaajids because not doing so is disobedience and the fact that he prays them in the house is also disobedience and not kufr (disbelief). But the fact that he abandons them altogether then this is disbelief even if he doesn't initially reject the fact that they are waajib (mandatory) and that is in light of the most correct view of the two positions of the â€کulema.
And as for the one who rejects the fact that they are waajib (mandatory) then he is a disbeliever by the consensus of the Muslims, the one who rejects the fact that salaat is mandatory or fasting the Month of Ramadan or zakat or anything from that which is know in the religion as a necessity then he is a kaafir (disbeliever) as a result and we ask Allaah for safety.
Translator: Shadeed Muhammad, Abu Az-Zubayr
Date Published: Saturday, 08 January 2005
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