Deeming the Khamr drinker as Kafir

Q 1: A man gave his daughter in marriage to a man whom he did not know very well. Afterwards, it came to his knowledge that his son-in-law drinks Khamr (intoxicant) in addition to being heedless of the legal rulings. Does the father have the right to divorce his daughter from this man?Q 2: A man drinks Khamr although he regularly (Part No. 22; Page No. 80) performs the five daily prayers. Is he considered a Kafir (disbeliever) or a Muslim?

A 1: If the reality is as mentioned, that the man gave his daughter in marriage to someone whom he did not know well, then he found that he drinks Khamr and is heedless of the legal rulings, this husband either does not observe the legal rulings out of negligence or out of not believing in their validity and as such, he is deemed a Kafir. In this case, the wife has the right to nullify the marriage contract because of his Kufr (disbelief) and apostasy, and this should be done by the official ruler. On the other hand, if this man drinks Khamr and does not observe the legal rulings out of his heedlessness, despite his belief in their validity, then he is a Fasiq (someone flagrantly violating Islamic law), but this does not place him outside the pale of Islam. However, the wife has the right to request nullification of the marriage contract if she is married to a man who is considered a Fasiq, because it is a legally accepted shortcoming in him. The marriage contract in this case is nullified by the ruler. A 2: Allah (Exalted be He) prohibits drinking Khamr and deems it unlawful both in His Book and through the statements of His Messenger (peace be upon him). Allah (Exalted be He) says: Intoxicants (all kinds of alcoholic drinks), and gambling, and Al-Ansâb, and Al-Azlâm (arrows for seeking luck or decision) are an abomination of Shaitan’s (Satan) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. The Prophet (peace be upon him) negated the completeness of the faith of the person who drinks it, as he (peace be upon him) said, “A fornicator is not (Part No. 22; Page No. 81) a believer while they are fornicating, and a thief is not a believer while they are stealing, and a Khamr drinker is not a believer while they are drinking.” Accordingly, the person who drinks Khamr is still a believer but also a Fasiq because he is committing one of the major sins. It is up to Allah (Exalted be He), if He wills He will punish them, and if He wills, He will forgive them. Allah (Exalted be He) says: Verily, Allâh forgives not that partners should be set up with Him (in worship), but He forgives except that (anything else) to whom He wills May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.