View Full Version : Divorce
imaan_i
10-05-06, 08:06 AM
I have a divorce situation. The wife wants a divorce, and so do I. The reason is because she does not want an islamic life style and I do. The problem is we have a child.
So ISLAMICALLY, who should get the child, the fact that she does not want an islamic life, probably means that she does not want to bring him up in an islamic mannor.
Is there any quranic or ahadith verse which tells us what to do in this type of situation.
it depends how old the child is, if the child hasnt hit puberty yet, then they must stay with the mother until then. Once they hit puberty they should go live with their father. for the son the recommended age is after he is 10 yrs old, he must go live with his father, for the girls its about 8/9yrs but these tend to vary slightly.
May Allah swt bless your child with strength and patience thru this difficult time inshallah and you.Ameen
I have a divorce situation. The wife wants a divorce, and so do I. The reason is because she does not want an islamic life style and I do. The problem is we have a child.
First of all, the "problem" is NOT that you and your wife have a child.
Your child is not the problem.
The problem is that you and your wife cannot act like rational, responsible adults and reach an agreement about a very basic issue of family life.
In fact, if anyone in this situation has a problem, it is your poor unfortunate child who is being forced to suffer the consequences your and your wife's behavior.
I cannot believe that you were absolutely 100% unaware of your wife's level of religious observance before you married her. I cannot believe that her not wanting an "Islamic lifestyle" comes as a complete surprise to you.
If you are, as you say, committed to following an "Islamic lifestyle" then you most certainly understand that point of Islam is not to destroy families or to deprive children of a decent and happy home environment.
Instead of looking for convenient religious justifications for divorcing your wife, you should be seeking the advice and counsel of a respected Islamic teacher with great experience in dealing with family difficulties.
ASSALMAU ALIKUM WA RAHMARU ALLAH WA BARAKATUH
well , before getting to such a decision you should counsil any islamic shaikh rather more you could convience her in a light words there may be something ununderstandable between both of you and she accept you and she knows that you are a strong muslim so may be little talk and counsiling will solve the problem without going through talaq :hidban:
imaan_i
10-05-06, 10:39 AM
Ok, I've been married for 7+ years! Before the marriage, her whole family LOOKED and ACTED islamic, they had an islamic environment in which they lived, they prayed, they read the quran etc etc. But after the wedding, her true color started to show. I have been trying to not have divorse ever since the first day of marriage.
The fact that she does not want to follow islam anymore, is it right of me to leave the child with a mother who has no intention to education him islamically?
I really would appreciate some referrences to quran or ahadith on this matter.
imaan_i
10-05-06, 11:21 AM
First of all, the "problem" is NOT that you and your wife have a child.
Your child is not the problem.
The problem is that you and your wife cannot act like rational, responsible adults and reach an agreement about a very basic issue of family life.
In fact, if anyone in this situation has a problem, it is your poor unfortunate child who is being forced to suffer the consequences your and your wife's behavior.
I cannot believe that you were absolutely 100% unaware of your wife's level of religious observance before you married her. I cannot believe that her not wanting an "Islamic lifestyle" comes as a complete surprise to you.
If you are, as you say, committed to following an "Islamic lifestyle" then you most certainly understand that point of Islam is not to destroy families or to deprive children of a decent and happy home environment.
Instead of looking for convenient religious justifications for divorcing your wife, you should be seeking the advice and counsel of a respected Islamic teacher with great experience in dealing with family difficulties.
That was not what I ment. I ment that the ONLY thing which is holding me back from having a divorce is the child! If there was no child, I would have enough grounds to divorce her, but because there is a child, I don't want to ruin his life!
inshallah this helps
http://www.ummah.net/forum/showthread.php?t=85071&highlight=custody+children
First of all, the "problem" is NOT that you and your wife have a child.
Your child is not the problem.
The problem is that you and your wife cannot act like rational, responsible adults and reach an agreement about a very basic issue of family life.
In fact, if anyone in this situation has a problem, it is your poor unfortunate child who is being forced to suffer the consequences your and your wife's behavior.
I cannot believe that you were absolutely 100% unaware of your wife's level of religious observance before you married her. I cannot believe that her not wanting an "Islamic lifestyle" comes as a complete surprise to you.
If you are, as you say, committed to following an "Islamic lifestyle" then you most certainly understand that point of Islam is not to destroy families or to deprive children of a decent and happy home environment.
Instead of looking for convenient religious justifications for divorcing your wife, you should be seeking the advice and counsel of a respected Islamic teacher with great experience in dealing with family difficulties.
WORK IT OUT,DONT GET DIVORCED,BEAR WITH YOURE WIFE,:)
WORK IT OUT,DONT GET DIVORCED,BEAR WITH YOURE WIFE,:)
i.d advise the same. things are hard whne there are kids involved but as time goes on and you get older, u argue less and become closer, i have seen this happen to couples around me, they fought like cat and dog wen their kids were younger, and now they cant get enuff of each other and u can blatantly see the love they have for each toehr, this is a reward from Allah swt becos your bore all the troubles back then
Dear brother i understand you predicament with your wife...but surely there must be something you adore about her?...concentrate on that rather than focusing on the negative. of course her unwillingness to follow islam, as u say, is a huge hurdle, but nothing that you cannot overcome...and u may not like this, have you looked towards your own character and whether you are setting the best of example to your wife? because ultimately you are responsible for her and your son...please think about it, which i am sure you have done, so i do not mean to patronise you
Also i would not advocate you or anyone to stay within a marriage JUST for the sake of your child, because you may subject your child to unnecessary quarelling and scenes that your child should be protected from.
your marriage is half of ur deen, and that is because it IS a huge struggle...if it were that easy then we would be happily married and the divorce rate amongst muslims would be non existant.
i am sure as a practising brother you will have tried to make ammends with your wife time and time again, and if you havent please do try, divorce should be the complete last resort in your mind...and what all the srs/brs have said in the earlier posts regarding seeking advice from a learned person, i would strongly recommend that..maybe take her with you so you can both speak to the imam/sheikh together
May Allah make it easy for you.ameen
imaan_i
10-05-06, 01:25 PM
I have tried, I have tried for many years, I would continue to try for the sake of my son, but she no longer wants to try, so it doesn't matter anymore if I don't want a divorce, she does. She is willing to take this to court to fight for the child in an unislamic manor!
So the divorce is going to happen, its only a matter of time before this goes to court. So I simply want to know, what does islam say about a couple who are about to divorce, and if 1 of the parents does not follow islam, does that parent have a right to take the child? I am only interested in the islamic view.
I would appreciate references to the quran or hadith.
If your wife doesn't pray, then I don't think it is permissible for u to continue with this marriage to this women
Question :
My husband doesn't pray 5 times a day and constantly, I have encouraged him to do so with no avail. Since he hasn't taken heed of my requests I have withheld myself from engaging in intercourse with him. He exclaims that my actions are inappropriate, saying that it is blasphemous for me to use prayer as an incentive for intercourse. Is he correct?
Answer :
Praise be to Allaah.
It should be known that the one who does not pray any of the prayers and persists in not doing so, according to the Sahaabah and the majority of scholars, is counted as a kaafir and it is not permissible to marry him or eat meat slaughtered by him. If the husband does not pray at all, then he is taking a very serious risk and it is not permissible for you to stay with him. You have to remind him and scare him with this. Withholding yourself from having intercourse with him is the right thing to do, until he starts to pray, because the one who does not pray is counted as a kaafir, as it was reported in Saheeh Muslim from the hadeeth of Jaabir that the Prophet (peace and blessings of Allaah be upon him) said:
“All that stands between a man and shirk and kufr is his giving up prayer.” And he also said:
“The covenant that separates us from them is salaah, and whoever gives up prayer is a kaafir.”
‘Abd-Allaah ibn Shaqeeq said: the companions of the Prophet (peace and blessings of Allaah be upon him) used not to count the giving up of any action as kufr, apart from prayer.” You have to warn your husband against neglecting the prayer. If he persists, it is not permissible for you to stay with him because you are a Muslim and he is something else. May Allaah help the Muslims to do what Allaah has commanded and to obey Him. You have to advise and scare him, and may Allaah bring about good for him through that.
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
anybodies personal opinion of the brother, doesn't mean nothing, the Question is if the brothers wife is not praying then she is blatently not followin Islam, the first thing is the Prayer on which majority of scholars are agreed that a person who doesn't pray goes beyond the pale of Islam, the koran and sunnah tells us to marry and have children with religiously committed women.
brother make sure u have alot of support as i am assuming it will be hard...the kaafirs..will be happy with a modern western non-islamic girl looking afta the son...thats to self satisfy...
so..if i were u..id gear up.
get some support.,
ask ureself these questions..
have u got a stable house?
can u pay the bills?
can u work?
are U stable?
can n uprovie for the child?
is there anyone at hand like ure mother or sister perhaps to babysist or even ure bro (my bro in laws bro loves kids and he baby sists) i mean..u gta have a VERRRRRY stable backgorund..something so hard to knock that the judge will find it hard to turn u down..
so in conclusion what im saying is ...if divorce is gna be the way then if u cant beat em join and ull surely beat em.:up:
so what u waiting for?
gear up..pray salah remember Allah and Allah will remember u and guide u and make u happy u and ure son inshallah.
Ameen. Thumma Ameen.
:)
the child will be better off with the mother, it probably will not be wise to deprive the child of a Mothers Love, The father can always visit his Son, Teach him the deen, also going to taghout court of man made law, I don't think that is allowed, fightin a custody battle, trust me my parents split up when I was 8. I believe the wife must still have good morals, character, so she will still teach her son good values.
Imaan, you keep saying:
"I want a divorce" and "My wife wants a divorce."
But this really isn't a question of what you want or what your wife wants.
The real is issue is what your child needs.
If you live in a Western country, it is very likely that the Family Court will without question be most concerned with the welfare of your child.
What will likely happen is that the court will look at your family situation and say, "There's no physical or emotional abuse, no drug or alcohol addiction, no infidelity. The only significant problem in this marriage is that the mother and father cannot agree on a religious issue."
Where I live in California, the family court, if faced with such a situation, would almost certainly order the family to counselling and mediation before granting a divorce.
I think it's interesting that you have at no point said that you and your wife have sought family counselling, either secular or religious.
Also, please consider this: if you and your wife decide to divorce for purely religious reasons, it is very likely that your child will grow up and blame Islam for the destruction of his family.
The Qu'ran and Sunnah and all the haadith in the world will not change the fact that what a child wants most is for his mother and father to stay together.
I think that both you and your wife have an absolute obligation to sit down and work together, even one hundred times, to try to find a way to make your marriage work.
If your wife doesn't pray, then I don't think it is permissible for u to continue with this marriage to this women
Question :
My husband doesn't pray 5 times a day and constantly, I have encouraged him to do so with no avail. Since he hasn't taken heed of my requests I have withheld myself from engaging in intercourse with him. He exclaims that my actions are inappropriate, saying that it is blasphemous for me to use prayer as an incentive for intercourse. Is he correct?
Answer :
Praise be to Allaah.
It should be known that the one who does not pray any of the prayers and persists in not doing so, according to the Sahaabah and the majority of scholars, is counted as a kaafir and it is not permissible to marry him or eat meat slaughtered by him. If the husband does not pray at all, then he is taking a very serious risk and it is not permissible for you to stay with him. You have to remind him and scare him with this. Withholding yourself from having intercourse with him is the right thing to do, until he starts to pray, because the one who does not pray is counted as a kaafir, as it was reported in Saheeh Muslim from the hadeeth of Jaabir that the Prophet (peace and blessings of Allaah be upon him) said:
“All that stands between a man and shirk and kufr is his giving up prayer.” And he also said:
“The covenant that separates us from them is salaah, and whoever gives up prayer is a kaafir.”
‘Abd-Allaah ibn Shaqeeq said: the companions of the Prophet (peace and blessings of Allaah be upon him) used not to count the giving up of any action as kufr, apart from prayer.” You have to warn your husband against neglecting the prayer. If he persists, it is not permissible for you to stay with him because you are a Muslim and he is something else. May Allaah help the Muslims to do what Allaah has commanded and to obey Him. You have to advise and scare him, and may Allaah bring about good for him through that.
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) (http://www.islam-qa.com))
so what if the person prays jummah? :confused: (im not talking about me btw, i alhumdulillah pray 5 times) do u still count as kaafir? im jus thinking about the 1000's of bros and sisters who only pray on jummah , are they counting as kaafir then?
The best is going to someone qualified in this matter, as we do not know ur wife nor if she is so, so its difficult in saying.
but say for instance ur marriage is as u say, then it would be best if u had the child its only logic that one would want their child to be islamically inclined or grow up with islam.
and "if" she is not in ur eyes a practicing muslim and u feel unhappy in the marriage and u have confronted her with her being more consistent in islamic ways, and she still does not wanna change after so many years, u cannot go thru a marriage/nor life being unhappy especially where the rules of Quran are, even if u think u want to be with her for the sake of the child.
Therefore brother try not to make in the event of divorce things messy seeing that she wants to go to court, but try to have peaceful grounds with her, who knows it might just turn out that the child lives with you within time and Allah knows best.
poor brother, no one has really answered his question, which shows this is not exactly the best place to seek such answers i am afraid. we all tend to be giving opinions on what to do..rather than supporting it with proofs.
best approach a scholar or try an infromed website where your question will be answered by a scholar/imam inshaAllah.
May Allah make it easy for you all.
so what if the person prays jummah? :confused: (im not talking about me btw, i alhumdulillah pray 5 times) do u still count as kaafir? im jus thinking about the 1000's of bros and sisters who only pray on jummah , are they counting as kaafir then?
we in ourselves can make ourselves kaafir, but we cannot jugde other muslim brothers and sisters, their judgement is with Allah SWT, in actual fact we'd be judging ourselves when confronted with the deeds.
Tho there are those whom blatently and openly denounces islam and dont have a atom of imaan, so one can openly say that they are.
we in ourselves can make ourselves kaafir, but we cannot jugde other muslim brothers and sisters, their judgement is with Allah SWT, in actual fact we'd be judging ourselves when confronted with the deeds.
Tho there are those whom blatently and openly denounces islam and dont have a atom of imaan, so one can openly say that they are.
ok but int hat hadith quoted in the post, it said that a woman or man couldtn marry a person who didnt pray becosw they would be a kaafir :confused:
it is not permissible to remain married to a person who doesn't marry 5 times a day salaat.
u just read what the scholar said, do u know better than the scholars, cos I definetely don't.
Saheeh Muslim from the hadeeth of Jaabir that the Prophet (peace and blessings of Allaah be upon him) said:
“All that stands between a man and shirk and kufr is his giving up prayer.” And he also said:
“The covenant that separates us from them is salaah, and whoever gives up prayer is a kaafir.”
i didnt say i knwo better than than scholars, dont be so silly, im allowed to question right?
Its jus not something i was aware of and now i am i want to check it out furthr if thats ok with u.....
so ok, lets say they are kuffar, what about all the muslims who are married to these "kuffar" who dont pray 5 times a day...they are sinning by stayign with these people yes?
listen look to the evidence, not to what I say, this ain't a game, its a very serious matter, leaving the prayer, look to the text and to what the righteous scholars say, what is the purpose of marriage, go to www.islam Q & a, u get direct answers, its a site run by a saudi scholar sheikh saalih al munajjid, hes one of my favourite scholars,
I would rather marry a chaste christian or Jewish women rather than a corrupt and evil muslim women who does not pray.
I read a fatwa which you issued to a Muslim man whose Muslim wife does not pray, and you told him that he had to divorce her. I know that it is permissible for a Muslim man to have a Jewish or Christian wife, and Jewish and Christian women do not pray. Is there some mistake?.
Answer :
Praise be to Allaah.
There is no mistake in the fatwa referred to. Rather the mistake comes from the questioner wanting to regard as equal a woman who is supposedly Muslim but does not pray and a woman who is Jewish or Christian, on the basis that neither of them prays.
This regarding them as equal is not valid, because there is a difference between them, which is that not praying is major kufr and apostasy that puts a person beyond the pale of Islam. This has been explained in many answers on this site, such as the answers to questions no. 9400 and 5208.
Based on this, the woman who does not pray is a kaafir and an apostate from Islam.
The ruling on one who has apostatized from Islam is more severe than the ruling on a Jew or Christian.
Shaykh al-Islam Ibn Taymiyah said:
The apostate is worse than a kaafir in many ways. End quote.
Majmoo’ al-Fataawa, 2/193
Hence meat slaughtered by an apostate cannot be eaten, whereas meat slaughtered by a Jew or Christian may be eaten. It is not permissible for a Muslim to marry an apostate woman, and if his wife apostatizes, the marriage contract becomes null and void, but it is permissible for a Muslim to marry a Jewish or Christian woman.
The crux of the matter is the ruling that one who does not pray is a kaafir. Those who are of this view forbade marriage to a woman who does not pray, and said that it is obligatory to leave a woman if she stops praying. This is the view of Imam Ahmad (may Allaah have mercy on him) and was stated in fatwas by a number of scholars, such as Shaykh Ibn Baaz (may Allaah have mercy on him), Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) and Shaykh Saalih al-Fawzaan (may Allaah preserve him). Our fatwa on this issue and similar issues is based on their fatwas.
Similarly, if a woman does something that implies kufr, such as vilifying Allaah, may He be exalted, or vilifying His Messenger (peace and blessings of Allaah be upon him), and she persists in her kufr and does not repent, then it is not permissible for her to remain the wife of a Muslim. The same applies if a husband is ruled to be an apostate, then he and his wife must be separated.
And Allaah knows best.
ok but int hat hadith quoted in the post, it said that a woman or man couldtn marry a person who didnt pray becosw they would be a kaafir :confused:
what i'm saying is that we choose with whom we want to marry and insha-allah we'd all with Almighty's guidance and help will find good partners. Do we ever really know if the potential partners are really performing salaah and there duties to Allah!!
but say if for instance u marry someone only to find that the person does not make salaah on time, its ur choice if u want to live with that person, but u will be answerable on day of judgement, have u not tried to encourage the person etc and if the person does not want to change and u are a righteous person then u are at liberty to leave that person.
would u consider a person who makes only 1, 2 or 3 salaah a day as kaafir?? is he/she any better then a person not making at all? therefore one cannot judge and say that that person is kaafir. It can lead to kufr yes, but we cannot be the judge of that accept Allah. Therefore the best is to make ur salaah on time and all 5 salaah as it safeguards u from going that way, as Allah says that, it prevents u from shameful and sinsful deeds.
Based on this, the woman who does not pray is a kaafir and an apostate from Islam.
Hence meat slaughtered by (one who declares shahadah but does not pray) cannot be eaten, whereas meat slaughtered by a Jew or Christian may be eaten. The crux of the matter is the ruling that one who does not pray is a kaafir. :wacko:
This just goes to show how much this mouthpiece of corruption (so called scholar) who came out with this loves the Jews and Christians so much, that he'll pretend that in the sight of Allah, they are worth more than the Muslim who neglects salah? Astaghfirullah adheem! Bloody takferis are beneath contempt! So according to this logic, McDonalds burgers are preferable to Chicken Cottage because the halal butcher may not be regular in salah.
imaan_i
12-05-06, 08:37 PM
...as it was reported in Saheeh Muslim from the hadeeth of Jaabir that the Prophet (peace and blessings of Allaah be upon him) said:
“All that stands between a man and shirk and kufr is his giving up prayer.” And he also said:
“The covenant that separates us from them is salaah, and whoever gives up prayer is a kaafir.”
‘Abd-Allaah ibn Shaqeeq said: the companions of the Prophet (peace and blessings of Allaah be upon him) used not to count the giving up of any action as kufr, apart from prayer.”
Can you please give me the EXACT location of this in the hadith? For example the number so I can find it easily.
imaan_i
12-05-06, 08:43 PM
Imaan, you keep saying:
"I want a divorce" and "My wife wants a divorce."
But this really isn't a question of what you want or what your wife wants.
The real is issue is what your child needs.
If you live in a Western country, it is very likely that the Family Court will without question be most concerned with the welfare of your child.
What will likely happen is that the court will look at your family situation and say, "There's no physical or emotional abuse, no drug or alcohol addiction, no infidelity. The only significant problem in this marriage is that the mother and father cannot agree on a religious issue."
Where I live in California, the family court, if faced with such a situation, would almost certainly order the family to counselling and mediation before granting a divorce.
I think it's interesting that you have at no point said that you and your wife have sought family counselling, either secular or religious.
Also, please consider this: if you and your wife decide to divorce for purely religious reasons, it is very likely that your child will grow up and blame Islam for the destruction of his family.
The Qu'ran and Sunnah and all the haadith in the world will not change the fact that what a child wants most is for his mother and father to stay together.
I think that both you and your wife have an absolute obligation to sit down and work together, even one hundred times, to try to find a way to make your marriage work.
I understand what you are saying. It is the ONLY reason why I have stayed married to her for the last 7+ years. But now, she wants out no matter what, and I don't see any reason to stay with her any more because its probably a sin for me to stay with a woman who CHOOSES not to be a muslim.
ABANDONING THE PRAYER: A MAJOR SIN IN ISLAAM
Source: Al-Qur'ân was-Sunnah Society
Allâh Most High says (which means): Then there has succeeded them a generation which has given up prayers (i.e. made their prayers to be lost, either by not offering them at all or by not offering them perfectly or by not offering them in their proper fixed times, etc.) and have followed lusts. So they will be thrown in Hell. Except those who repent and believe in the Oneness of Allâh and His Messenger and act righteously. [Maryam, 19:59-60]
And Allâh Most High said (which means): Woe unto those performers of prayers (hypocrites) who are unmindful of their prayers (i.e., delay their prayer from its stated fixed time). [Al-Mă'oon, 107:4-5]
And Allâh Most High said (which means): O you who believe! Let not your properties or your children divert you from the remembrance of Allâh. And whosoever does that, then they are the losers. [Al-Munăfiqoon, 63:9]
The commentators of the Qur'ân say: "The 'remembrance of Allâh' mentioned in these Aayăt means the five daily prayers. If anyone is so busy in buying and selling, or with his daily work of earning a livelihood, or with his children, that he cannot perform prayers on time, he will be among the losers."
The first thing which will be judged among a man's deeds on the Day of Resurrection is the Prayer. If this is in good order then he will succeed and prosper but if it is defective then he will fail and will be a loser. [Nasă'ee, Tirmidhee, Ibn Măjah]
Informing us about the inhabitants of Hell, Allâh Most High says (which means): (The people in Hell will be asked:) What has caused you to enter Hell? They will say: We were not among those who used to pray. Nor did we feed the poor. And we used to talk falsehood (all that which Allâh hated) with vain-talkers. And we used to belie the Day of Recompense. Until there came to us that which is certain (i.e., death). So no Intercession of intercessors will benefit them [Al-Muddaththir, 74:42-48]
The Prophet said (which means): The covenant between us and them is prayer, so if anyone abandons it he has become a disbeliever. [Ahmad, Tirmidhee, Nasă'ee]
And he also said (which means): What lies between a man and disbelief is the abandonment of prayer. [Muslim, Aboo Dawood, Nasă'ee]
And he said (which means): If anyone abandons prayer deliberately then he has no claim upon Allâh. [Ibn Măjah, ADAB-AL-MUFRAD of Bukhări, Tabarăni]
And he said (which means): I have been ordered to fight against the people until they testify that there is no one worthy of worship but Allâh and that Muhammad is the Messenger of Allâh and until they perform the Prayers and pay the Zakăh, and if they do so they will have gained protection from me for their lives and property, unless [they do acts that are punishable] in accordance with Islăm, and their reckoning will be with Allâh Most High. [Bukhări, Muslim]
And he , mentioning the prayer, said (which means): If anyone keeps to it, it will be light, evidence and salvation for him on the Day of Resurrection. But if anyone does not keep to it, it will not be light, evidence and salvation for him on the Day of Resurrection, and on that Day he will be associated with Qaroon, Pharaoh, Namăn and Ubayy bin Khalaf (an enemy of Islăm from among the Quraysh). [Ahmad, Tabarănee, Ibn Hibbăn]
Ibn Al-Qayyim explained: The person who abandons prayer will be raised with such a foursome because his neglect of player may be due to his involvement with his property, his country, his administrative work or his trade. Therefore, if he was involved with his property he will be ressurected with Qaroon; if with his country, then with Pharaoh; if with his administrative work, then with Hamăn; and if with his trade then with Ubayy bin Khalaf, the trader among the disbelievers of Makkah.
`Abdullăh bin Shaqeeq Al-`Aqeelee Tabi`ee [Tabi`ee: a successor to the companions of the Prophet ] said: "The Companions of the Prophet did not consider the abandonment of any good deed to be disbelief except the abandonment of the Prayer." [Tirmidhee, Hăkim]
When `Alee was asked about a women who did not pray, he said: "The one who does not pray is a disbeliever." [Tirmidhee, Hăkim]
Ibn Mas`ood said: "The one who abandons the prayer has no religion." [Muhammad bin Nasr Al Mirwazee]
Ibn `Abbăs said: "The one who leaves off a single prayer deliberately will find, when he meets Allâh Most High, that He (T) is angry with him." [Muhammad bin Nasr Al-Mirwazee, Ibn Abdul-Barr]
Ibn Hazm said: "There is no greater sin after polytheism than delaying a prayer until its time has passed and killing a believer without a just cause."
Ibraheem Al-Nakha`ee said: "The one who has abandoned the prayer has become a disbeliever." Aboo Ayyoob Al-Sakhtiyanee said something similar to this.
Ibn Hazm writes conclusively: "It has come from `Umar, `Abdur-Rahmăn bin `Awf, Mu`ădh bin Jabal, Aboo Hurayrah and other companions that anyone who skips one obligatory prayer until its time has finished becomes an apostate. We find no difference of opinion among them on this point."
This was mentioned by Al Mundhiree in AT-TARGHEEB WA AT-TARHEEB. Then he comments: A group of Companions and those who came after them believed that an intentional decision to skip one prayer until its time is completely finished makes one an unbeliever. The people of this opinion include `Umar bin Al-Khattăb, `Abdullăh bin Mas`ood, `Abdullăh bin `Abbăs, Mu`ădh bin Jabal, Jăbir bin `Abdullăh and Aboo Ad-Dardă'. Among the non-companions who shared this view were: Ibn Hanbal, Ishăq bin Rahwayh, `Abdullăh bin Mubărak, An-Nakha`ee, Al-Hakam bin `Utaibah, Aboo Ayyoob As-Sakhtiyănee, Aboo Dawood At-Tiyălisee, Aboo Bakr bin Aboo Shaybah, Zuhayr in Harb, and others.
REFERENCES:
Al-Haythamee, Ibn Hajr, AZ-ZAWAAJIR `AN IQTIRAAF AL KABAA'IR, Vol. I, (corrected by) Ahmad Abdush-Shăfee, Dăr Al-Kutub Al-`Ilmiyyah, Beirut, Lebanon, 1987
Dhahabee, Imăm Muhammad bin `Uthmăn, KITAAB AL-KABAA'IR, (Engl. tr.) Mohammed Moinuddin Siddiqui, Dar El-Fiker, Beirut, Lebanon, 1993.
Sabiq, As-Sayyid, FIQH-US SUNNAH, Vol. I, (Engl. tr.) Muhammad Sa`eed Dabas and Jamal al-Din Zarabozo, Maktabat al-Khadamat-e Al-Hadithah, Jeddah, Saudi Arabia, 1987.
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