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Fatwa ID: 1930
Title: a practicing muslim wife with a non practicing muslim husband
Category: Family and Personal Affairs
Scholar: Dr. Hatem al-Haj
Date: 08/26/2006

Question
I am a practicing muslimah tahira and religious married with one child but my husband dosn`t practice salaate and drink alcohol sometime outside the house and comes at night and he wants (moujamaa or nikah). The question is: is it halal or not for me to let him have intercosre with me? wa jazakoum alah koula kheir

Answer

All praise be to Allah, and may his peace and blessings be on the last and best prophet and messenger, Muhammad.

It is halal for you as long as you are married to him to let him have intercourse with you. If he apostatized or denounced Islam, then you can`t stay married to him.

You should be patient and try to save him from this evil path he has chosen, particularly that you have a child together. If you couldn`t change him, then I would recommend for you to seek divorce, for it is neither good for you nor for your child to have such a husband/father.

Allah knows best.