What is the ruling on annulling a marriage contract for a woman who was contracted to a man who abandons prayer, and she wishes to annul the contract before consummation, and should she try to advise him, or is she permitted to hasten the annulment based on what she has been advised?
It is incorrect that scholars have reached a consensus on the obligation for a wife to divorce her Muslim husband if he commits a major sin. However, some scholars hold the view that it is recommended for the wife to free herself from her husband through khul' (divorce initiated by the wife) if he neglects the rights of Allah, and some have even gone so far as to say it is obligatory.
If the husband abandons prayer out of denial, he is a disbeliever, and it is not permissible for his wife to remain with him. However, if he abandons it out of negligence, this does not, according to the majority of jurists, take him out of the fold of Islam, and there is no harm in his wife remaining with him, nor is she considered divorced. Nevertheless, she must denounce his action, advise him, and frequently supplicate for his guidance. If he persists in his error, it is preferable for her to seek a divorce or khul', but she is not obligated to separate from him as long as he remains a Muslim.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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