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Fatwa CenterDoubts that her husband is still a Muslim
Question
If a man does not pray or practice Islam except Ramadan, and he smokes hash, does that make him a Kaffir? I do practise my Islam and I love Allah and Islam, and it hurts me very much to see him this way. If he is a Kaffir, must I leave him then? He is very kind to me, and we have 4 children, the youngest of which is now 14 years.
Answer
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.
The persons who do not pray are of two kinds:
1. First, the person who denies that prayer is obligatory. Such a person is Kafir (non-Muslim) according to the consensus of Muslims. If your husband fits into this category, then it is unlawful for you to stay with him as your marriage to him is rejected and abrogated spontaneously.
2. Second, the person who does not deny its obligation but gives it up out of laziness. There is a disagreement among Muslim scholars as regards this kind of people. But the majority of scholars are of the opinion that such a person is not Kafir. Other scholars believe that he is considered Kafir if the ruler asks him to repent and he refuses to do so.
So, if your husband fits into the second category then your marriage to him is not revoked according to the opinion of the majority of scholars. It is revoked according to some scholars. It is not revoked unless your husband is asked to repent and he refuses, according to a third group.
Finally, we advise you to admonish him and remind him of Allah and The Day of Judgement and of the dangerous effects of hashish and heroine. If he responds positively that’s good, otherwise we believe that there is no good in staying with someone of this character, especially since drug addicts can give everything they own for a dose of drugs at anytime. May Allah protect us all.
Allah knows best.
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