Ibn Bazz: Ruling on concluding marriage when one spouse neglects Salah

Ruling on concluding marriage when one spouse neglects Salah 

Q: I am a Ma'dhun (marriage registrant) and I heard from some scholars that a marriage contract for two spouses, when one of them does not offer Salah (Prayer), is Batil (null and void) and it is not permissible to conclude it. Is this correct? Should I inquire about whether the spouses offer Salah or not or conclude the contract and disregard this question? Appreciate your guidance, may Allah reward you! 

A: In the Name of Allah and praise is due to Him. If you know that either of the two spouses does not offer Salah, you should not conclude the marriage contract for them. This is because abandoning Salah is tantamount to Kufr (disbelief) according to the Prophet's saying: What makes one a Mushrik (one who associates others with Allah in His Divinity or worship) and a Kafir (disbeliever) is abandoning Salah. (Related by Muslimin his Sahih (authentic) Book of Hadith) The Prophet (peace be upon him) also said: 

That which differentiates us from them (non­Muslims) is our performance of Salah. Anyone who abandons it becomes a Kafir. 

(Related by Imam Ahmad and the Four Compilers of Hadith (Imams Abu Dawud, Al­Tirmidhy, Al­Nasa'y and Ibn Majah) with an authentic chain of narrators) 

We implore Allah to set the conditions of Muslims right and guide them, for He is All­Hearer, Ever Near. 

( Part No : 10, Page No: 244)