Is it permissible for a Muslim man to have intercourse with his wife who is not observant of prayer and the prescribed Islamic dress, even though her family are Muslims?

The scholars have unanimously agreed that whoever abandons prayer out of denial is an infidel and an apostate from Islam. They differed concerning whoever abandons it out of laziness while acknowledging its obligation. The majority held that such a person does not become an infidel, but is instead at the highest level of immorality and disobedience.

If the wife abandons prayer out of denial, she is an apostate, and it becomes unlawful for her husband to continue the marriage, as the marriage contract is annulled by apostasy. If she returns to Islam while still in her waiting period (iddah), the husband can take her back without a new contract or dowry.

However, if she abandons it out of laziness, she is a disobedient Muslim and it is permissible to cohabit with her. The husband must command her to establish prayer and wear the hijab. If she does not respond, it is preferable to divorce her.