Praise be to Allaah.
What we advise you to do with regard to this problem is three
things: make sure of what your sister’s husband is actually doing, advise
him if it is proven that what he is doing is evil deeds, and strive to have
the marriage annulled if he persists in doing it, whether it is committing
adultery or not praying.
With regard to the first issue:
It is known that the basic principle concerning a Muslim is
that he is innocent, and it is not permissible to accuse him of something
that is not true, otherwise the one who is making the accusation is guilty
Allaah says (interpretation of the meaning):
“And those who annoy believing men and women undeservedly,
they bear (on themselves) the crime of slander and plain sin”
It is essential to establish the truth of anything you hear
before basing any decision or ruling on it. Allaah says (interpretation of
“O you who believe! If a Faasiq (liar — evil person) comes
to you with any news, verify it, lest you should harm people in ignorance,
and afterwards you become regretful for what you have done”
Shaykh ‘Abd al-Rahmaan al-Sa’di (may Allaah have mercy on
This is another etiquette which should be adopted and
followed by those who have understanding, which is that if an evil person
tells them something, they should verify his report and not just accept it
willy-nilly, because there is grave danger in that and the possibility of
falling into sin. If his report is treated in the same manner as the report
of an honest person of good character and is acted upon, then it results in
unlawful loss of life or wealth because of that report, it will be a cause
of regret. Rather if news comes from an evil person, it must be checked and
verified. If evidence and circumstances indicate that it is true, then it
may be acted upon and believed, but if it indicates that it is false, then
it should be disbelieved and not acted upon. This indicates that the news of
an honest person is acceptable and the news of a liar is to be rejected, and
the news of an evildoer is to be examined further, as we have said.
Tafseer al-Sa’di (p. 799).
The basic principle is not to accuse people, and that people
are to be presumed innocent. The lie may come from one who claims that the
person admitted it to him, and this is not far fetched. If it is proven that
the one who brought the news is telling the truth, and that this is what is
really happening, then we move on to:
The second issue:
Which is advising and exhorting.
It was narrated from Tameem al-Daari that the Prophet
(peace and blessings of Allaah be upon him) said: “Religion is sincerity.”
We said: To whom? He said: “To Allaah, to His Book, to His Messenger, and to
the leaders of the Muslims and their common folk.” Narrated by Muslim (55).
It was narrated that Jareer ibn ‘Abd-Allaah said: I gave my
oath of allegiance to the Messenger of Allaah (peace and blessings of
Allaah be upon him), pledging to establish regular prayer, pay zakaah and be
sincere towards every Muslim.” Narrated by al-Bukhaari (501) and Muslim
That is based on the condition that the advice be given in
the best manner to correct faults.
Allaah says (interpretation of the meaning):
“Invite (mankind, O Muhammad
صلىالله عليه وسلم) to the way of your Lord (i.e. Islam) with wisdom
(i.e. with the Divine Revelation and the Qur’aan) and fair preaching, and
argue with them in a way that is better. Truly, your Lord knows best who has
gone astray from His path, and He is the Best Aware of those who are guided”
The best thing you can advise him to do is to pray. It is
essential for him to understand that not praying is kufr that puts one
beyond the pale of Islam, and that if he dies when he is not praying then he
will have died a death of Jaahiliyyah, and will have died as an apostate.
Then after that he should be advised to give up the haraam actions such as
immoral and evil deeds with those female servants, and pimping them to
others. Bringing in female servants in the first place, even if the aim is
for work only, involves many reprehensible matters. We have discussed
previously the issue of female servants and the ruling on bringing them in
from their countries and the haraam things into which people fall when
female servants work in their homes. This may be read in the answer to
question no. 26282.
If what has been said about him is proven to be true, and he
does not respond to advice and he persists in not praying and in doing evil
deeds, then what you must do is:
The third issue:
Which is: separating him and his wife by annulling the
marriage contract, because the one who does not pray is an apostate, and his
marriage contract with a Muslim woman is to be annulled. Moreover it is not
permissible for a chaste woman to remain married to an immoral adulterer.
His not praying dictates that the marriage contract should be annulled; as
for his committing immoral actions, it does not dictate that the marriage
contract be annulled, but her acceptance of his actions makes her a partner
with him in them. Such a person cannot be trusted with a daughter or a wife,
and there is no guarantee that he will not transmit deadly diseases to her.
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have
mercy on him) said:
Not praying is kufr which puts one beyond the pale of Islam.
If he has a wife, then his marriage to her is annulled, meat slaughtered by
him is not permissible, his fasting and charity will not be accepted, and it
is not permissible for him to go to Makkah and enter the Haram; if he dies
it is not permissible for him to be washed or shrouded, or the funeral
prayer to be offered for him, or for him to be buried with the Muslims.
Rather he should be taken out into the desert, and a ditch dug for him, and
he should be buried into it. If a person’s relative dies and he knows that
he did not pray, it is not permissible for him to deceive the people by
bringing him to them for them to offer the funeral prayer for him, because
offering the funeral prayer for a kaafir is haraam, as Allaah says
(interpretation of the meaning):
“And never (O Muhammad صلى
الله عليه وسلم) pray (funeral prayer) for any of them (hypocrites)
who dies, nor stand at his grave. Certainly they disbelieved in Allaah and
His Messenger, and died while they were Faasiqoon (rebellious, — disobedient
to Allaah and His Messenger صلى الله عليه وسلم)”
“It is not (proper) for the Prophet and those who believe
to ask Allaah’s forgiveness for the Mushrikoon, even though they be of kin,
after it has become clear to them that they are the dwellers of the Fire
(because they died in a state of disbelief)”
Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen
(12/question no. 26)
See also the answers to questions no.
But we reiterate and remind you not to rush to say such
things about him or to tell your sister and ruin her life and break up her
family without legitimate proof. Our concern about the sacred limits if
Allaah being transgressed should be greater than our fear of disease being
transmitted or our being offended by marital betrayal. She should strive to
make du’aa’ for him and ask that he be guided, and that your sister set her
affairs straight, and ask Allaah to protect her and her off spring from his
evil and from the evil of all evildoers.
And Allaah knows best.