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Fatwa CenterHer Husband Does Not Fast Ramadan
Question
I just married my husband 4 months ago, we are now expecting a baby. When I married him I was under the impression that he fasts and prays but now as it is ramandan, he told me he can’t fast during the summer because it’s too hard on him since he’s a smoker.What should I do in this situation? Do I have to leave him? Thank you so much
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
Fasting is one of the pillars of Islam, and deliberately breaking the fast in Ramadan without an Islamic valid justification is one of the grave major sins.
The reason that your husband stated for his breaking the fast in Ramadan in that it is due to smoking is one of the hideous excuses, because he is justifying his abandonment of an obligation by the need to commit a prohibition. Smoking is forbidden and he must repent from it. He must also repent from being negligent about fasting.
We have already issued Fatwa 86527 on the conditions of repentance, so please let him refer to it.
Along with repentance, he must also make up for the days he had missed fasting.
For more benefit on the evidence of the prohibition of smoking, please refer to Fataawa 354349, 231226, 88467, and 81589.
You should not ask to separate from him, and we recommend you to advise him directly in a gentle manner or seek the help of some righteous people whom you think he would listen to. Earnestly supplicate Allah for him, perhaps he would repent.
If he repents, then praise be to Allah. Otherwise, it is more appropriate to separate from him, as it is not good for you to live with such a husband, especially if he is also negligent about the prayer. Al-Bahooti from the Hanbali School of Jurisprudence, said: “If a husband abandons one of the rights of Allah, then the wife should do likewise, and it is desirable for her to seek Khul’ from him because he abandons the rights of Allah.” [End of quote]
It should be noted that a woman should be selective and choose and good husband. She must ask trustworthy people and those who know the person who proposes to her in order to ascertain his religious commitment and his good morals. In addition to this consultation, she should perform the Istikhaarah. By doing this, it is hoped that she will be successful in choosing the right course of action. People say: “He who prays Istikhaarah will never fail, and the one who consults people will never regret.”
Allah knows best.
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