Is it permissible for me to take my mother out of my father's house to live elsewhere, away from him and his wives and my half-siblings, due to the difficult circumstances we are experiencing?
The continuous failure of the father to pray, despite advice, necessitates the annulment of the marriage contract, as his praying wives are not permissible for him, nor are they permissible for him. Efforts must be made to annul the marriage through available means, either because abandoning prayer invalidates the marriage, or due to the harm inflicted upon the mother by having her and her co-wife housed in one home. It is impermissible to allow him to approach or have intercourse with the mother unless he returns to his religion by performing prayer. The husband who does not pray is a disbeliever, whether he denies its obligation or abandons it out of negligence and laziness, which is the view of the majority of scholars.
It is impermissible for the wife to remain with a husband who abandons prayer until he repents and observes it. She must separate from him immediately. It is impermissible for her to allow him to be intimate with her, whether through intercourse, kissing, or seclusion. Rather, she must flee from him as she would flee from a lion. If she allows him intimacy, it is as if she allowed it to a stranger. The husband is given a grace period until the 'iddah (waiting period) expires. If he returns to Islam before the 'iddah expires, she remains his wife. If he does not return, it becomes clear that the marriage was annulled from the moment of his apostasy. If he dies in this state, he is not to be washed, shrouded, prayed over, buried with Muslims, nor is supplication for mercy and forgiveness to be made for him; because he is a disbeliever.
Even if the father prays, it is not permissible for him to house two wives in one room. Every wife has the right to a separate dwelling from the other wives. If he insists on this, the children have the right to alleviate the harm inflicted upon their mother by moving her out of that dwelling to pressure him into giving each wife her due right, which Allah Almighty has obligated upon him.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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