What is the ruling on someone who wakes up two minutes before Fajr, or at a short time that is not enough for Wudu and prayer? Is he considered to have intentionally abandoned the prayer if he goes back to sleep, and does this fall under the dispute concerning disbelief?

Whoever wakes up and finds water, but fears the time for prayer will expire, should perform ablution or a ritual bath and pray, even if the time has already elapsed. Some scholars, however, say that one should perform tayammum (definition) (dry ablution) to preserve the prayer time.

If the person mentioned returned to sleep intentionally and with knowledge of the ruling, he is considered to have deliberately abandoned the prayer. The majority of scholars do not consider someone who abandons prayer, without denying its obligation, to be an apostate. If he was ignorant of the ruling, he is not sinful, provided he is among those who are excused for their ignorance.