Ibn Bazz: Ruling on a husband neglectful of Salah and drinks Khamr




Ruling on a husband neglectful of Salah and drinks Khamr 
Q: A woman says in her question: My husband drinks Khamr (intoxicant) and does not offer Salah (Prayer), or observe Sawm (Fast) in Ramadan. Even more, he has been unemployed for a year. We have two sons under the age of discernment. Now, I am staying with my family and my husband wants me back. I am confused as to whether I should return to him for the sake of my children or ask for divorce. I heard that it is not permissible to remain with a husband who abandons Salah and drinks Khamr. What should I do? I appreciate your guidance, may Allah reward you best! 
A: A husband who does not offer Salah is considered Kafir (disbeliever). The Prophet (peace be upon him) said: That which differentiates us from them (i.e. non­Muslims) is our performance of Salah. Anyone who abandons it becomes a Kafir. (Related by Imam Ahmad and Ahl­ul­Sunan (authors of Hadith compilations classified by jurisprudential themes) with an authentic Sanad (chain of narrators))The Prophet (peace be upon him) also said: What makes one a Kafir and a Mushrik (one who associates others with Allah in His Divinity or worship) is abandoning Salah. (Related by Muslim in his Sahih (authentic) Book of Hadithon the authority of Jabir may Allah be pleased with him) 
( Part No : 10, Page No: 270) 
According to Ijma` (consensus of scholars), if your husband denies the obligation of Salah, he is considered Kafir. According to the preponderant view of scholars, if he abandons Salah out of laziness and negligence, he is considered Kafir as stated in the two previously mentioned Hadith and other Hadith to the same effect. 
It is not permissible for you to return to your husband, unless he repents to Allah (Glorified be He) and observes Salah. May Allah guide him and bestow upon him sincere Tawbah (repentance). May Allah grant us success! 

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