Question
Question: A woman said: her husband does not pray and denies Paradise and Hell, and he does not spend on her or on their children. What is required of her in this situation?
Answer
Answer—and Allah is the One who grants success: It is incumbent upon this woman to keep away from this man and to withhold herself from him, due to his explicit disbelief. Allah, Exalted is He, said: “Do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them.” [al-Mumtaḥanah:10] She should call her husband to repent, to abandon disbelief, and to establish the prayer. If he refuses to return and repent, she should bring two just witnesses to that effect and then take the matter to the judge so that he may annul the marriage. If the judge annuls it, the woman observes the waiting period (ʿiddah). When her waiting period ends, it is permissible for her to marry. If he repents while she is still in her waiting period, then she remains his wife.
Yes, as we stated earlier, she must refrain from marital relations with him even if the judge has not yet annulled [the marriage], due to the verse cited above.
Furthermore, this person’s repentance from his disbelief is not complete except by establishing the prayer, as Allah, Exalted is He, said concerning the polytheists: “But if they repent, establish prayer, and give zakah, then they are your brothers in religion.” [al-Tawbah:11].
This ruling applies if she is able to do what we mentioned—keeping away from him and taking the case to the judge. If she is not able due to fear of the husband or the family, or due to weakness or incapacity—then there is no blame and no sin upon her, for “Allah does not charge a soul except [with that within] its capacity.” [al-Baqarah:286].
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1
- Website categories