Is the marriage valid in the event that one of the spouses or the wife’s guardian has abandoned prayer, knowing that the wife was not regular in prayer at the time of the marriage contract, and the husband abandoned prayer for a year after the marriage, and the wife’s father is known for his distance from religion?
If the wife prays sometimes and misses other times, she is not considered a disbeliever. Likewise, her father, if he abandons prayer and fasting out of laziness, is not considered a disbeliever according to the majority of scholars.
However, if the father denies the obligation of prayer or fasting, or if something is established from him that proves his disbelief after the evidence has been presented to him, then he is a disbeliever. It is impermissible, by scholarly consensus, for him to be a guardian for a Muslim woman, and the marriage would be invalid. It is obligatory to immediately separate from the woman because she is considered a stranger (non-mahram), but the child is attributed to him due to the شبهة (semblance of marriage).
The guardianship for marriage, after the disbelief of the father nullifies his guardianship, transfers to the next in line among the guardians.
Some scholars have held the view that one who abandons prayer is an absolute disbeliever, even if out of laziness. In this case, it is not permissible for him to marry a Muslim woman, and his marriage is invalid by scholarly consensus.
The questioner and his wife must repent to Allah, seek forgiveness, and make up the prayers they missed.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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