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Fatwa CenterThere is no greater sin than disbelief
Question
There is a husband who insults Allaah the Almighty, drinks alcohol and does not establish prayer. However, he does not negate the prohibition of these actions. Rather, he utters the two testimonies of faith and acknowledges that he is a sinner. He also beats his wife and scolds her, but he loves her and does not want to leave her.
Therefore, is it permissible for his wife to supplicate Allaah the Almighty for divorce? Her family prevent her from asking him for it, and she fears that her request of divorce will be a violation of the religion. It should be noted that we have no Sharee‘ah courts in our country. There are civil courts which sentence those who insult Allaah the Almighty to only a few weeks in prison.
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Insulting Allaah the Almighty is major Kufr (disbelief) for which none is excused for and which turns one as an apostate even if he acknowledges Islam and all its rulings, and whether he is serious or jesting,
Also, the absolute inobservance of prayers is considered apostasy.
As for drinking alcohol it constitutes dissolution and act of disobedience, but disbelief is a big enough sin and a crime.
Consequently, you are not permitted to remain with you husband unless he returns to Islam and repents to Allaah, observes prayers and stops drinking. If he does not reform, you have to be aware that your marital affairs are nothing but adultery and his apostasy entails that you must part without waiting for divorce. If courts in your country do not settle these issues and to remarry you have to have a formal separation, you should try to separate by asking him for divorce, and stay at your family’s house and do not obey them in returning to him, for it is impermissible to disobey Allaah The Creator for the sake of obeying one of His creatures.
Allaah Knows best.
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