Seeking a divorce from one who does not pray in the masjid


Question: One of the sisters asks: If my husband does not pray the congregational prayer in the masjid with the [rest of] the Muslims, do I [have the right to] seek divorce and separation from him?

Response: Yes, if he continues upon not praying in congregation [in the masjid], [even] after being advised and encouraged [to do so], then you have the right to seek a divorce from him. That is because the congregational prayer [in the masjid] is obligatory; it was because of this that the masaajid were built, and the adhaan was legislated, and the imaams and the those calling the adhaan were appointed! So the matter of the congregational prayer is [a] great [one], as [stipulated] in the hadeeth:

«Whoever hears the call to prayer and does not respond, his prayer is not valid, except the one who has an excuse»

He is a graduate of the Islaamic University of Madeenah, having graduated from the Institute of Arabic Language, and later the Faculty of Sharee'ah in 2004. He currently resides in Birmingham, UK.