What is the meaning of a disbeliever who prayed not truly being a Muslim, and is he to be treated as a Muslim, and is it permissible for a Muslim woman to marry him?
Scholars have differed regarding a disbeliever who prays: should his Islam be affirmed or not? Abu Hanifa was of the opinion that his Islam should be affirmed, whether he prayed in congregation or alone in a mosque. Malik and Al-Shafi'i said that his Islam should not be affirmed except with exceptions. Ahmad, on the other hand, said that his Islam should be affirmed absolutely.
According to the view that his Islam should be affirmed, his being considered a Muslim by ruling (hukman) but not by reality (haqiqah) means that he is outwardly a Muslim. Consequently, worldly rulings apply to him, such as inheritance and marriage to a Muslim woman. He is required to fulfill the obligations of Islam, and if he disbelieves thereafter, he is treated as an apostate. This ruling does not necessarily imply his true inner faith. Caution should be exercised, and there should be no haste in marrying him off until the sincerity of his Islam is confirmed.
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