The scholars held three main views on the ruling of abandoning salah (prayer) out of laziness or negligence, without denying its obligation:
Disbelief (Kufr Akbar) and Apostasy:
Under this view the person is treated as an apostate: not prayed over, not buried with Muslims, no inheritance between him and Muslims, and separation from a Muslim spouse. This was the view of:
- Some early Salaf: al-Hasan, al-Nakha‘i, al-Sha‘bi, Ayyub al-Sakhtiyani, al-Awza‘i, Ibn al-Mubarak.
- A narration from Imam Ahmad and from ‘Ali.
- Also adopted by Ishaq ibn Rahwayh.
Not Major Disbelief (Kufr Akbar), But Still Executed (Hadd):
Under this view abandoning prayer is a major sin, not disbelief that takes you out of Islam, but the person is executed as a legal punishment (hadd), not for apostasy. He is still treated as a Muslim in burial, inheritance, and family matters. This is the view of:
- The majority of Hanbalis, Malikis, Shafi‘is.
- It is also one of the two views attributed to Imam Ahmad.
Not Major Disbelief, Not Executed – Disciplined Only:
Under this view the person is disciplined with imprisonment or beating until he returns to prayer. This is the view of:
- The Hanafis
- al-Muzani (from the Shafi‘is)
- al-Zuhri
- Sufyan al-Thawri
- The Zahiris
Positions Held By The Madhahib:
- Hanbalis: Two views—one that he is a disbeliever (apostate), another that he is punished but remains Muslim.
- Malikis and Shafi‘is: He is not a disbeliever, but is executed as a hadd.
- Hanafis: He is neither a disbeliever nor executed, only disciplined.
- Dhahiris: He is disciplined, not killed, and not a disbeliever.
The ikhtilaaf (differing opinions) is rooted in how they interpret hadiths using the word kufr (disbelief), and whether such usage always means major disbelief or just a major sin.
Ruling on the One Who Leaves the Prayer out of Laziness or Negligence
Whoever leaves the prayer while rejecting it and denying that it is obligatory, there is no disagreement among the scholars that he is a disbeliever who has left the religion of Islam.
However, as for the one who leaves the prayer not because he rejects its obligation, but rather out of laziness and carelessness, the scholars have disagreed on whether such a person is judged to be a disbeliever in a way that removes him from Islam—such that the rulings of disbelievers would apply to him, like separation from his Muslim wife, preventing him from inheriting his Muslim father, not burying him in Muslim graves, and other rulings related to disbelief. (al-Mughni (2/329) by Ibn Qudama, Abu Muhammad Muwaffaq al-Din Abdullah ibn Ahmad ibn Muhammad ibn Qudama al-Jama‘ili al-Maqdisi then al-Dimashqi, the Hanbali, famously known as Ibn Qudama al-Maqdisi, Cairo Library, 1388 AH / 1968 CE) (al-Mu‘tasar min al-Mukhtasar by Jamal al-Din al-Malti (1/95) (‘Uqd al-Jawahir ath-Thamina fi Madhhab ‘Alim al-Madina* by Abu Muhammad Jalal al-Din Abdullah ibn Najm ibn Shas ibn Nizar al-Judhami as-Sa‘di al-Maliki, edited and researched by Dr. Hamid ibn Muhammad al-Hamar, Dar al-Gharb al-Islami, Beirut, Lebanon, first edition, 1423 AH / 2003 CE (1/197) (al-Majmu‘ Sharh al-Muhadhdhab with the completion of as-Subki and al-Muti‘i, by Abu Zakariyya Muhyi al-Din Yahya ibn Sharaf an-Nawawi, Dar al-Fikr, (3/14)
The First View: That Whoever Abandons the Prayer Is a Disbeliever
This view holds that the one who abandons the prayer is a disbeliever and that the rulings of apostasy apply to him. This is the view of al-Hasan, Ibrahim al-Nakhai, al-Sha‘bi, Ayyub al-Sakhtiyani, al-Awza‘i, Ibn al-Mubarak, Ishaq ibn Rahuyah, a narration from Ahmad, and a narration from Ali ibn Abi Talib. (al-Mughni by Ibn Qudama (2/230)
Ibrahim al-Nakhai (d. 96 AH): He was Ibrahim ibn Yazid ibn Qays ibn al-Aswad, known as Abu Imran. He was from Manhaj in Yemen, resided in Kufa, and was one of the major Tabi‘in. He met some of the later companions and was among the great scholars of fiqh. As-Safadi said about him: “The jurist of Iraq.” Among those who learned from him were Hammad ibn Abi Sulayman and Simak ibn Harb. (See: Tadhkirat al-Huffaz by al-Dhahabi (1/70); al-A‘lam by al-Zarkali (1/76); Tabaqat Ibn Sa‘d (6/188–199)
Al-Sha‘bi (d. 103 AH): He was Amir ibn Sharahil al-Sha‘bi. His origin was from Himyar, and he was linked to the tribe of Sha‘b Hamdan. He was born and raised in Kufa. A narrator and jurist among the great Tabi‘in, known for his vast memory. Though physically small, he had great knowledge. Abu Hanifa narrated from him. The hadith scholars deemed him reliable. He was close to ‘Abd al-Malik ibn Marwan and was sent by him as an envoy to the Roman emperor. He joined the rebellion of Ibn al-Ash‘ath, and when al-Hajjaj captured him, he pardoned him in a famous incident. (See: Tadhkirat al-Huffaz by al-Dhahabi (1/74–80); al-A‘lam by al-Zarkali (4/19); al-Bidaya wa al-Nihaya by Ibn Kathir (9/49); Tahdhib al-Tahdhib by Ibn Hajar (5/69)
Ayyub al-Sakhtiyani (d. 131 AH): He was Ayyub ibn Abi Tamima Kaysan, known as Abu Bakr al-Sakhtiyani of Basra. A Tabi‘i and among the leading jurists of his time, a master of hadith. He saw Anas ibn Malik and narrated from numerous figures like ‘Amr ibn Salama al-Jarmi, Humayd ibn Hilal, Abu Qilaba, al-Qasim ibn Muhammad, ‘Ata’, and ‘Ikrima. Narrated from him were al-A‘mash, Qatada, the two Hammads, the two Sufyans, Shu‘ba, Malik, Ibn ‘Ulayya, Ibn Ishaq, and others. Ali ibn al-Madini said: “He has around 800 hadiths.” Ibn Sa‘d said: “He was trustworthy, reliable in hadith, comprehensive, full of knowledge, a proof, just.” Malik said: “He was among the scholars who acted upon their knowledge and were humble.” (See: Tahdhib al-Tahdhib by Ibn Hajar (1/397); Shadharat al-Dhahab by Ibn al-‘Imad (1/181); Siyar A‘lam al-Nubala by al-Dhahabi (6/15)
Al-Awza‘i (d. 157 AH): He was ‘Abd al-Rahman ibn ‘Amr ibn Yuhmad al-Awza‘i, an imam, jurist, hadith scholar, and exegete. He was attributed to the village of al-Awza‘ in the Damascus region. Originally, his family came from Sind as captives. He was raised an orphan and educated himself. He travelled to al-Yamama and Basra, and excelled. Al-Mansur wanted to appoint him as judge, but he refused. He later settled in Beirut and died there. (See: al-Bidaya wa al-Nihaya by Ibn Kathir (10/115); Tahdhib al-Tahdhib by Ibn Hajar (6/238)
Ibn al-Mubarak (d. 181 AH): He was ‘Abdullah ibn al-Mubarak, Abu ‘Abd al-Rahman, of Hanzala by wala’. Originally from Merv, his mother was from Khwarizm and his father was Turkish. He was an imam, jurist, trustworthy, and a master of hadith. He accompanied Abu Hanifa and heard hadith from both Sufyans, Sulayman al-Taymi, and Humayd al-Tawil. Many narrated from him including ‘Abd al-Rahman ibn Mahdi, Yahya ibn Ma‘in, and Ahmad ibn Hanbal.
His contemporaries listed his virtues and said: “He combined knowledge, fiqh, literature, grammar, language, poetry, piety, eloquence, scrupulousness, night prayer, care for the sick, accurate narration, little speech on irrelevant matters, and minimal disagreement.” He had a vast business and used to spend 100,000 dirhams yearly on the poor. He died in Hit (on a bed) returning from a campaign against the Romans. Among his works: Tafsir al-Qur’an, al-Daqa’iq fi al-Raqa’iq, and Ruq‘at al-Fatawa. (See: al-Jawahir al-Mudiyyah (1/281); Tadhkirat al-Huffaz (1/253); Shadharat al-Dhahab (1/295)
Ishaq ibn Rahwyah: He was Ishaq ibn Ibrahim ibn Makhlad, a major hadith scholar and the imam of the people of the East and Khurasan. He was a contemporary of Imam Ahmad. His madhhab in fiqh later disappeared. (See: Tadhkirat al-Huffaz (2/433)
The Third Section: Discussion and Preference Between Views
The main cause of disagreement between the two sides is the use of the words kufr (disbelief) or shirk (associating others with Allah) in the hadiths about abandoning prayer. Those who held the first view took the wording literally and considered the kufr here to mean disbelief that removes one from Islam. But the majority of scholars understood that kufr in those hadiths does not mean disbelief that expels one from Islam. They supported their view with the following:
- It was narrated from Ibn Abbas that in explaining the verse “And whoever does not judge by what Allah has revealed—they are the disbelievers” (al-Ma’ida: 44), he said: “It is kufr duna kufr.” The reasoning: the term “disbeliever” does not always mean major disbelief that expels one from Islam and causes eternal punishment.
- The Prophet ﷺ said: “Insulting a Muslim is wickedness, and fighting him is disbelief.”
- Also from Abu Hurayrah: the Prophet ﷺ said: “Three things are among the acts of disbelief in Allah: tearing one’s clothes in grief, wailing, and slandering lineage.”
- Also from Abu Hurayrah: the Prophet ﷺ said: “Do not turn away from your fathers; whoever turns away from his father has committed kufr.” (Sunan Abi Dawud (4/199), Book of the Sunnah, Chapter on Prohibition of Arguing about the Qur’an, Hadith 4603; Sunan Ibn Majah (1/449), Book of Prayer, Hadith 1401; Sunan al-Darimi (2/985), Book of Prayer, Hadith 1618; al-Bayan fi Fiqh al-Shafi‘i by al-‘Imrani (2/16); al-Mughni by Ibn Qudama (2/332); al-Kafi by Ibn Qudama (1/179)
The reasoning: none of the scholars said that the kufr mentioned in these hadiths is disbelief that removes one from Islam. Rather, the use of the term kufr here is for emphasis and to show similarity to the ways of the disbelievers.
Ibn Hibban interpreted the use of kufr in relation to abandoning prayer as a case of calling the end by the name of the beginning, meaning: abandoning prayer is a path that leads to kufr. He said: “If a person abandons prayer and becomes used to that, it leads to abandoning other obligations. And once he is used to leaving obligations, it leads him to rejection. So the Prophet called it by the name of its final consequence, which is kufr, even though it begins as just the first step.” (See: al-Jami‘ li Ahkam al-Qur’an by al-Qurtubi (6/190); al-Mustadrak by al-Hakim (2/342), Hadith 3219; al-Sunan al-Kubra by al-Bayhaqi (8/38), Book of Punishment, Hadith 15854; Sahih al-Bukhari (8/15), Book of Manners, Hadith 6044; Sahih Muslim (1/81), Book of Faith, Hadith 116; al-Mustadrak by al-Hakim (1/540), Book of Funerals, Hadith 1415; Sahih Ibn Hibban (4/328), Hadith 1466)
Also supporting this meaning is the saying: “Arguing about the Qur’an is disbelief.” The reasoning is: arguing about the Qur’an can lead someone—if Allah does not protect them—to doubting the ambiguous verses. And if they begin to doubt some of the verses, that can lead to outright rejection. So the Prophet referred to the end of that path—rejection—as kufr, even though it starts with argument.
This interpretation—that the kufr in these hadiths does not mean major disbelief—is the correct one, because it reconciles the hadiths that speak of abandoning prayer being under Allah’s will. Al-Nawawi said: “This interpretation is necessary to bring together the texts of the Sharia and its legal principles.”
As for the claim of a consensus of the companions based on the report of ‘Abdullah ibn ‘Aqil, it is possible he meant only some of them—not all. And even if he did mean all of them, then just as the Prophet’s use of kufr does not mean major disbelief, it would be the same here.
Thus, the stronger view is the view of the majority: that the one who abandons prayer out of laziness and neglect is not a disbeliever.
The Scholars’ Views on the Issue
The First View: That the One Who Abandons the Prayer Is Executed as an Apostate
According to this view, the one who abandons the prayer is executed as an apostate, and so there is no inheritance between him and his family, he is not prayed over, and he is not buried in the Muslim graveyards. This is the view of the group who declared the one who abandons prayer to be a disbeliever. It is the position of Ishaq, and it is the view of al-Hasan, al-Nakha‘i, al-Sha‘bi, Ayyub al-Sakhtiyani, al-Awza‘i, Ibn al-Mubarak, a narration from Ahmad, and a narration from ‘Ali ibn Abi Talib. (al-Mughni by Ibn Qudama (2/230)
The Second View: That the One Who Abandons the Prayer Is Executed as a Legal Punishment (Hadd), Not for Apostasy
According to this view, the one who abandons prayer is executed, but not as an apostate. Therefore, the rulings of Muslims apply to him—he is inherited from, prayed over, and buried with the Muslims. This is the view of the Malikis, Shafi‘is, Hanbalis. (al-Sharh al-Kabir by Abu al-Faraj Ibn Qudama (1/385); al-Kafi by Ibn Qudama (1/177); al-Mughni (2/329); ‘Uqd al-Jawahir ath-Thamina by Ibn Nazzar al-Judhami (1/197); Hashiyat al-‘Adawi on Kifayat at-Talib al-Rabbani (2/316); al-Qawanin al-Fiqhiyya by Ibn Juzayy al-Kalbi (p. 34); Sharh Mukhtasar Khalil by al-Kharshi (1/227); al-Fawakih al-Dawani by al-Hattab (2/201), 3rd edition, 1415 AH / 1995 CE, Dar al-Fikr; al-Majmu‘ by al-Nawawi (3/16); al-Bayan by al-‘Imrani (2/16); Mughni al-Muhtaj by al-Khatib al-Shirbini (1/612); Hashiyat Qalyubi wa ‘Umayrah (1/371), Dar al-Fikr, 1415 AH / 1995 CE; al-Bahr al-Zakhar by Ahmad ibn Yahya al-Murtada (2/151)
The Third View: That the One Who Abandons the Prayer Is Not Executed, but Disciplined with Imprisonment or Beating
This is the view of the Hanafis and al-Muzani from the Shafi‘is. It was also said by Ibn Shihab al-Zuhri, Sufyan al-Thawri. (al-Lubab by Abu Zakariyya al-Ansari (1/155); Durar al-Hukkam by Mulla Khusraw (1/50); Maraqi al-Falah by al-Sharnablali (1/138), 1st edition, 1425 AH / 2005 CE, al-Maktaba al-‘Asriyya; Radd al-Muhtar by Ibn ‘Abidin (1/352)
About al-Muzani (d. 264 AH): He was Isma‘il ibn Yahya ibn Isma‘il al-Muzani, Abu Ibrahim, originally from Muzayna, lived in Egypt, and was a companion of Imam al-Shafi‘i. He was ascetic, knowledgeable, diligent in scholarship, and strong in reasoning. Al-Shafi‘i said of him: “Al-Muzani is the supporter of my madhhab.” Among his books: al-Jami‘ al-Kabir, al-Jami‘ al-Saghir, al-Mukhtasar, and al-Targhib fi al-‘Ilm. (See: Tabaqat al-Shafi‘iyya by al-Subki (1/239–247); Mu‘jam al-Mu’allifin by ‘Umar Rida Kahhala) (See also: al-Bayan by al-‘Imrani (2/15); al-Lubab by Abu Zakariyya al-Ansari (1/60)
About al-Zuhri (d. 124 AH): He was Muhammad ibn Muslim ibn Shihab al-Zuhri, from Quraysh, a prominent Tabi‘i, one of the great hadith scholars and jurists. He lived in Madinah and later in Syria. He was the first to compile the hadith of the Prophet ﷺ along with the fiqh of the companions. Abu Dawud said: “All the hadith of al-Zuhri number 2,200.” He learned from some companions, and among those who learned from him were Malik ibn Anas and his peers. (See: Tahdhib al-Tahdhib by Ibn Hajar (1/145, 451); Tadhkirat al-Huffaz by al-Dhahabi (1/102); al-A‘lam by al-Zarkali (7/317)
About al-Thawri (d. 161 AH): He was Sufyan ibn Sa‘id ibn Masruq al-Thawri, from Banu Thawr ibn ‘Abd Manaf. Known as Amir al-Mu’minin fi al-Hadith, a leader in piety. Al-Mansur and then al-Mahdi sought to appoint him to authority, but he hid from them for years and died in Basra in secrecy. His books include al-Jami‘ al-Kabir and al-Jami‘ al-Saghir in hadith, and a book on inheritance. (See: al-A‘lam by al-Zarkali (2/158); al-Jawahir al-Mudiyyah (1/250); Tarikh Baghdad (9/151) (See also: al-Muhalla by Ibn Hazm (12/383); al-Bayan by al-‘Imrani (2/16)
Summary Of The Lengthy Chapter From Ibn Qudamah On Abandoning Salah
Ibn Qudamah presents the ruling on abandoning prayer and the views of different imams as follows: If someone leaves the prayer, there are two cases: either he denies that it is obligatory, or he does not. If he denies its obligation and is not someone who could be ignorant of it—like someone raised among Muslims—then he is a disbeliever and an apostate.
He is asked to repent, and if he does not, he is killed. If he might be ignorant—like a new Muslim or someone raised in isolation—he is taught first, and not judged a disbeliever unless he persists after knowing.
If someone leaves prayer without denying its obligation—out of laziness or carelessness—he is given three days, warned at each prayer time, and pressured to pray. If he still does not, he is executed. This is the view of Malik, al-Shafi‘i, Hammad ibn Zayd, and Waki. Al-Zuhri and Abu Hanifah disagreed.
Abu Hanifah said he is not to be killed, because leaving prayer does not fall under the three cases where execution is allowed. Killing him would also prevent the very prayer being encouraged, and there is no clear text allowing this punishment.
Ibn Qudamah responds that leaving prayer makes one deserving of execution, based on Quran verses, hadiths about the seriousness of abandoning prayer, and the understanding that prayer is not like other acts of worship. He says fear of execution is likely to make people pray. Even if one prayer is lost, it may stop many more from being missed.
As for how many prayers must be missed before execution becomes required, one view is that a person is killed after missing even one prayer, once the time of the next prayer nearly ends. Another view is that he must miss three, to confirm intent. Others said only if he misses prayers not combinable with others—like Fajr or Asr.
On whether he is killed as a disbeliever or as a punishment while still a Muslim, there are two views.
One view is that he is a disbeliever, like an apostate, and is not treated as a Muslim in death. This was the view of some Hanbalis like Ibn Hamed, and others like al-Hasan, al-Sha‘bi, al-Awza‘i, Ibn al-Mubarak, and Ishaq. They use this hadith as evidence “Whoever abandons the prayer has disbelieved,” and sayings of companions like ‘Umar, ‘Ali, and Ibn Mas‘ud.
The second view is that he is still a Muslim, and killed as a legal punishment (hadd). This is attributed to Ibn Battah, who said it is the dominant view in the madhhab and that Ahmad preferred it. →It is also the view of most fuqaha, including Abu Hanifah, Malik, and al-Shafi‘i.←
They quote hadiths about the reward of saying “There is no god but Allah,” and narrations where companions still treated such people as Muslims. They argue the harsh hadiths are warnings, not literal takfir. There is also consensus that such a person is still washed, prayed over, buried with Muslims, and inherits—none of which apply to apostates.
Translation: Ibn Qudamah said: “If someone abandons the prayer while being an adult and sane, whether denying its obligation or not denying it, he is called to it at the time of each prayer for three days. If he prays, then fine. Otherwise, he is killed.”
The one who abandons the prayer is either someone who denies its obligation or does not deny it. If he denies its obligation, then there is a distinction: if he is ignorant of the obligation—such as a new convert to Islam or someone raised in the desert who did not know—it is made known to him and he is taught that it is obligatory. In this case, he is not judged to be a disbeliever, because he is excused. But if he is not among those who could be ignorant—like someone raised among Muslims in towns and villages—he is not excused, and his claim of ignorance is not accepted. He is judged to be a disbeliever, because the evidence for its obligation is clear in the Book and the Sunnah, and Muslims continually perform it. So, its obligation would not be hidden from someone in his situation. Therefore, he only denies it by rejecting what Allah and His Messenger said, and what the Ummah agreed on. This makes him an apostate from Islam, and he is dealt with like other apostates: he is asked to repent and then killed. I do not know of any disagreement on this.
If he leaves it due to illness or inability to perform its conditions and pillars, he is told: that does not excuse you from prayer; you must still pray according to your ability.
If he abandons it out of laziness or carelessness, he is called to perform it and told: If you do not pray, we will kill you. If he then prays, all is well. If not, it becomes obligatory to kill him—but he is not killed immediately. Rather, he is imprisoned for three days, made uncomfortable, and called to prayer at the time of each one. He is warned of execution. If he still does not pray, he is executed by the sword. This was the view of Malik, Hammad ibn Zayd, Waki, and al-Shafi’i.
Al-Zuhri said: He should be beaten and imprisoned. This was also the view of Abu Hanifah. He said: He is not to be killed, because the Prophet (peace be upon him) said, “It is not permissible to shed the blood of a Muslim except in three cases: disbelief after faith, adultery after being married, or murder without right” (Agreed upon). This person has not committed any of these three, so his blood is not lawful.
The Prophet (peace be upon him) also said, “I have been commanded to fight the people until they say: ‘There is no god but Allah.’ If they say it, their blood and wealth are protected from me—except by its right” (Agreed upon). Prayer is not one of the three exceptions. Also, prayer is one branch of the religion, and a person is not killed for leaving it, like the pilgrimage. Furthermore, if execution were legislated as a deterrent for leaving prayer, then that would prevent the very prayer the person is meant to perform. There can be no deterrent in Sharia that stops the thing it is meant to encourage. Killing him would permanently prevent prayer, so it is not legislated. Also, the default is that blood is sacred, and the allowance to shed it must be based on a clear text or unambiguous meaning, and there is no such thing here.
Our Proof:
Allah said: “Kill the polytheists… but if they repent, establish the prayer, and give the zakat, then let them go their way” (al-Tawbah: 5). So He made their release conditional on repentance, prayer, and zakat. Whoever leaves prayer intentionally has not fulfilled the condition for being spared, so the command to kill remains.
Also, the Prophet (peace be upon him) said: “Whoever abandons the prayer intentionally, the protection of the Ummah is removed from him.” This shows he is deserving of being killed.
He (peace be upon him) also said: “Between a man and disbelief is abandoning the prayer” (Muslim), and disbelief permits execution.
He (peace be upon him) said: “I was forbidden from killing those who pray.”
It was narrated from Anas that Abu Bakr said: “The Messenger of Allah (peace be upon him) only said: ‘If they testify that there is no god but Allah and that Muhammad is the Messenger of Allah, establish the prayer, and give the zakat’” (al-Daraqutni). This implies that those who do not pray may be killed.
Prayer is a pillar of Islam that cannot be done on someone’s behalf, neither by money nor by substitute. So, the one who leaves it must be killed, like one who denies the testimony of faith.
As for their hadiths, they support our position, because the narration they used actually says that abandoning it is disbelief, and the other hadith says, “except by its right,” and prayer is part of that right.
Our hadiths are specific and qualify the generality of the hadiths they quoted.
It is not valid to compare prayer to Hajj, because Hajj’s delay is disputed, and it is not agreed upon that leaving it requires execution.
As for their claim that executing someone for missing prayer leads to its total abandonment—meaning it prevents him from ever praying—we say: it is most likely that someone who knows he will be executed if he leaves prayer will not leave it, especially after being warned for three days. If he still leaves it after that, then there is no benefit in his continued life, and killing him does not cause him to miss out on prayer.
Even if it did lead to him missing one prayer, it might prevent the abandonment of prayer by a thousand others. So strengthening the prayer through the loss of one is not contrary to the goal.
Regarding How Many Prayers Must Be Abandoned Before Execution Becomes Obligatory:
It appears from the words of al-Khiraqi that a person may be killed for missing even a single prayer. This is one of two narrations from Ahmad, because he is considered “one who left the prayer,” so the ruling is like one who missed three. Also, the hadiths cover the one who misses just one prayer.
However, the obligation to kill is not fixed until the time of the next prayer is almost over, because the first prayer is not confirmed to have been left until its time passes. Once the time of the next prayer almost ends, we know that he intended to abandon the first, so he must be executed.
The second narration is that he is not executed until he abandons three prayers and the time for the fourth nearly ends. Because someone might leave one or two prayers out of confusion or uncertainty, but if this is repeated three times, it is confirmed that he left them intentionally.
Ibn Hamed narrated from Abu Ishaq ibn Shaqla that if someone leaves a prayer that is not combined with another, like Fajr or Asr, then he must be executed. But if he leaves the first of two combined prayers, then he is not executed, because those two times are like one time according to some scholars. This is a good opinion.
Difference Over Whether He Is Killed as a Disbeliever or as a Legal Punishment (Hadd):
One narration is that he is killed as a disbeliever, like an apostate. So he is not washed, shrouded, prayed over, or buried with Muslims. He inherits no one, and no one inherits from him. This was the choice of Abu Ishaq ibn Shaqla and Ibn Hamed, and the view of al-Hasan, al-Sha‘bi, Ayyub al-Sakhtiyani, al-Awza‘i, Ibn al-Mubarak, Hammad ibn Zayd, Ishaq, and Muhammad ibn al-Hasan.
The Prophet (peace be upon him) said: “Between the slave and disbelief is abandoning the prayer.” In another version, Jabir said: “I heard the Messenger of Allah (peace be upon him) say: ‘Between a man and shirk is abandoning the prayer.’” And from Buraydah: “Between us and them is the prayer. Whoever abandons it has disbelieved” (Muslim).
The Prophet also said: “The first thing you will lose from your religion is trust, and the last thing you will lose is prayer.” Ahmad said: “If the last part of something is gone, then none of it remains.”
‘Umar said: “There is no share in Islam for the one who abandons the prayer.” ‘Ali said: “Whoever does not pray is a disbeliever.” Ibn Mas‘ud said: “Whoever does not pray has no religion.” ‘Abdullah ibn Shaqiq said: “The companions of the Messenger of Allah (peace be upon him) did not view the abandonment of any deed as disbelief—except for prayer.” Because it is the act by which one enters Islam, so leaving it takes one out of it, like the testimony of faith.
The Second Narration is that he is executed as a legal punishment (hadd), while still being judged a Muslim—like the married adulterer. This was chosen by Abu ‘Abdullah ibn Battah, and he rejected the view that the one who leaves prayer is a disbeliever. He said this was the preferred view in the madhhab and that he found no disagreement on it in the madhhab. This is the view of most of the fuqaha and the view of Abu Hanifah, Malik, and al-Shafi‘i.
It was narrated from Hudhayfah that he said: “A time will come upon the people when nothing remains of Islam except the words ‘There is no god but Allah.’” He was asked: “Will that benefit them?” He replied: “It will save them from the Fire, may your mother lose you!”
It is narrated from ‘Ammar that he said: “I came to my house and found a sheep had been slaughtered. I said: Who slaughtered it? They said: Your servant. I said: By Allah, my servant does not pray! The women said: We slaughtered it for him. So I went to Ibn Mas‘ud and asked him, and he told me to eat from it.”
The Evidence for This View is the statement of the Prophet (peace be upon him): “Allah has forbidden the Fire to touch anyone who says, ‘There is no god but Allah,’ seeking only the Face of Allah.” And the hadith of Abu Dharr: “No slave says, ‘There is no god but Allah,’ and dies upon that, except that he enters Paradise.”
And from ‘Ubādah ibn al-Samit: “Whoever testifies that there is no god but Allah, and that Muhammad is His slave and Messenger, and that Jesus is the slave of Allah and His Messenger, and His word which He cast to Mary, and a spirit from Him, and that Paradise is true, and the Fire is true—Allah will enter him into Paradise regardless of his deeds.”
And from Anas that the Messenger of Allah (peace be upon him) said: “Those who said ‘There is no god but Allah’ will exit the Fire, even if they had an atom’s weight of good in their hearts.” All of these hadiths are agreed upon and there are many others like them.
And from ‘Ubādah ibn al-Samit that the Prophet (peace be upon him) said: “Five prayers Allah has made obligatory upon the servant during the day and night. Whoever comes with them, not missing any out of carelessness, has a covenant with Allah that He will enter him into Paradise. But whoever does not come with them has no covenant with Allah—if He wills, He punishes him, and if He wills, He enters him into Paradise.” If he were a disbeliever, he would not fall under this conditional mercy.
Al-Khallal said in his Jāmi‘: Yahya narrated to us, from ‘Abd al-Wahhab, from Hisham ibn Hassan, from ‘Abdullah ibn ‘Abd al-Rahman, from Abu Tamila, that the Prophet (peace be upon him) once came to Quba’ and was met by a group of the Ansar carrying a body. He said: “What is this?” They said: “A slave of so-and-so’s family.” He said: “Did he say ‘There is no god but Allah’?” They said: “Yes, but he used to do such and such.” He asked: “Did he use to pray?” They said: “Yes, but he abandoned it.” He said: “Then take him back, wash him, shroud him, pray over him, and bury him. By the One in Whose hand is my soul, the angels almost held me back from him.”
He also narrated from ‘Ata, from ‘Abdullah ibn ‘Umar, who said: “The Messenger of Allah (peace be upon him) said: ‘Pray over whoever says there is no god but Allah.’”
There is also consensus among Muslims on this: in every age and city, we know of no one who left the prayer and was denied washing, prayer, burial in Muslim graveyards, inheritance, or marital relations. There are many who abandon the prayer. If such a person were a disbeliever, these rulings would apply. But they have not. Nor do Muslims disagree that the one who leaves prayer must make it up later, whereas if he were an apostate, he would not be required to make up prayers or fasts.
As for the earlier hadiths, they are meant to rebuke and warn in the harshest terms, not literal disbelief—like the Prophet’s (peace be upon him) statement: “Insulting a Muslim is wickedness, and fighting him is disbelief.” And: “Disbelief in Allah is rejecting lineage, even if small.” And: “Whoever says to his brother, ‘O disbeliever,’ then one of them bears it.” And: “Whoever comes to a menstruating woman or to a woman in her behind has disbelieved in what was revealed to Muhammad.” And: “Whoever says, ‘We were given rain by the stars,’ has disbelieved in Allah and believed in the stars.” And: “Whoever swears by other than Allah has committed shirk.” And: “The wine drinker is like an idol worshipper.” And others like them that are meant to strongly warn people and are the more accurate view—and Allah knows best.
Al Mughni (2/329-332)
