He Married Her Some Time Ago and She Did Not Pray and He Has Children From Her

Question :

A man is married to a woman and he has four children from her. She is now pregnant with the fifth, but his wife has not prayed from the time he married her until now. What do you advise?

Answer:

This is a great sin, because prayer is a pillar of Islam and it is the greatest of the obligations and the most important of them after the two testimonies of faith, as Allah, the All-Powerful, Most High says:
And perform As-Salat (Iqamat-as-Salat), and give Zakat and obey the Messenger (Muhammad) that you may receive mercy (from Allah)."

and He, Most Glorified, Most High says:
And perform As-Salāt (Iqamat-as-Salāt), and give Zakāt, and how down (or submit yourselves with obedience to Allah) along with Ar-Raki'ün."

and He, Most Glorified says:
"Guard strictly (five obligatory) As-Salawat (the prayers) especially the middle Salat (i.e. the best prayer 'Asr). And stand before Allah with obedience [and do not speak to others during the Salat (prayers)] "

and He, the All-Powerful, Most High says:
"But if they repent [by rejecting Shirk (polytheism) and accept Islamic Monotheism] and perform As-Salat (Iqamat-as-Salat), and give Zakat, then leave their way free." and:

But if they repent [by rejecting Shirk (polytheism) and accept Islamic Monotheism), perform As-Salat (Iqamat-as-Salat) and give Zakat, then they are your brethren in religion. (In this way)

This proves that whoever did not pray should be killed.

Therefore this wife must be called upon to turn in repentance to Allah, and she must be chastised until she prays. Whoever turns in repentance to Allah, Allah turns to him in forgiveness. But if she refuses, her case must be submitted to the Court so that they may call upon her to repent, and if she repents (all well and good). But if not, she must be killed as an apostate from Islam, according to the most correct of two opinions held by the scholars, based upon the words of the Prophet :
"The pact between us and them is prayer, so whoever abandons it has disbelieved."

A group from among the scholars said that she is killed as a punishment, and not due to apostasy. In any case, she must be called upon to repent, and if she repents (all well and good), but if not, it is incumbent upon the person in authority, and the Judge representing him, to order her to be killed-if she does not repent. It is incumbent upon the husband to divorce her if she does not repent, because she is a disbeliever, and the Muslim may not marry a disbelieving woman.

Some said that it is a form of disbelief lesser than the disbelief which removes one from the fold of Islam, but the correct view is that it is a major disbelief. Therefore it is not right, nor is it permissible, for the husband to remain attached to a woman who does not pray. Rather, he must strive with her and punish her, so that haply, she may repent and pray. But if she does not do so, he must divorce her and Allah will give him a better wife in her place. It is also incumbent upon him and her father and her family to punish her until she prays. If it is necessary, the matter must be submitted to the Court, so that she may be called upon to repent. Then if she repents (all well and good), but if not, she must be killed as a disbelieving apostate, according to the majority of the scholars, or as a punishment, according to the other scholars.

There is no doubt that the husband has been neglectful, and his silence in this matter is a great sin. The Prophet said:
"If any of you sees something evil, he should change it by his hand; but if he cannot, then by his tongue, and if he cannot, then by his heart and that is the weakest form of faith."

He (i.e., the husband) is able to change it by his heart, his tongue and his hand. And Allah, Most High says:
"The believers, men and women, are Auliya' (helpers, supporters, friends, protectors) of one another, they enjoin (on the people) Al- Ma'ruf (i.e. Islamic Monotheism and all that Islam orders one to do), and forbid (people) from Al-Munkar (i.e. polytheism and disbelief of all kinds, and all that Islam has forbidden)"

We ask Allah's Guidance for all.