Divorcing a Wife Who Does Not Pray

Question

If a woman does not carry out the injunctions of the Shari‘a — for instance, despite her husband’s admonition she does not perform prayer and so on — and does not follow her husband’s advice, then after the Shari‘a measures have been taken, does giving her talaq become necessary and obligatory (wajib) or not? Explain with reference to the pages of reliable books, and you will be rewarded by Allah with a great reward.

Answer

If he can endure without a wife and is also able to pay the mahr, it is better that he give her talaq; otherwise he should not give talaq. The jurists have negated its being obligatory (wajib): [ar]لا يجب على الزوج تطليق الفاجرة[/ar] “It is not obligatory for the husband to divorce a dissolute (fajira) wife” (“al-Durr al-Mukhtar”, p. 377, vol. 5).

Source: Fatawa Mahmudiyya

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