I work as a registrar of marriages. I heard from some of those who I think to be knowledgeable that a marriage contract for a couple where one of the partners does not pray is null and void, and that it is not permissible to perform the marriage contract for them. Is this correct? What should I do if I am asked to do such a contract? Please advise me, may Allaah reward you.
Praise be to Allaah.
If you know that one of the couple does not pray, then
do not perform the marriage contract, because not praying is kufr.
The Prophet (peace and blessings
of Allaah be upon him) said, “Between a man and shirk
and kufr there stands
his giving up prayer” (narrated by al-Bukhaari and Muslim in their
Saheehs). And the Prophet
(peace and blessings of Allaah be upon him) said: “The covenant that
stands between us and them is salaah;
whoever neglects it is guilty of kufr”
(narrated by Imaam Ahmad and the fours authors of Sunan,
with a saheeh isnaad).
We ask Allaah to put the affairs of the Muslims right, and to guide
those who have gone astray, for He is All-Hearing and Ever Near.