Question:
There remain amongst us some muslims who pray one day and abandon the prayer another day, whilst some of them abandon the prayer completely. Is the person that passed away prayed upon, if he used to pray (his obligatory prayers) occasional. And is the person that passed away prayed upon, if he did not used to pray at all. And what is the ruling of these two groups of people?
Answer:
Pray upon the one that prays (sometimes) and (at other times) leaves it, because he is (still) a muslim. Thus, whoever wishes to pray upon him may pray upon him. As for the one that does not pray at all and is known to have abandoned the prayer in its entirety, do not pray upon him because he has died in a state of disbelief and it is not permissible to pray upon the disbeliever.
{وَلَا تُصَلِّ عَلَىٰٓ أَحَدٍ مِّنْهُم مَّاتَ أَبَدًا وَلَا تَقُمْ عَلَىٰ قَبْرِهِۦٓۖ إِنَّهُمْ كَفَرُوا۟ بِٱللَّهِ}
And do not pray [the funeral prayer, O Muhammad[ﷺ]], over any of them who has died – ever – or stand at his grave. Indeed, they disbelieved in Allah
[At-Taubah 9:84]
This (disbelief) is the reason (why you cannot pray upon him). He who has disbelieved in Allah is not prayed upon nor may a person stand at his grave to make dua for him.
{َلَا تُصَلِّ عَلَىٰٓ أَحَدٍ مِّنْهُم مَّاتَ أَبَدًا وَلَا تَقُمْ عَلَىٰ قَبْرِهِۦٓۖ إِنَّهُمْ كَفَرُوا۟ بِٱللَّهِ وَرَسُولِهِۦ وَمَاتُوا۟ وَهُمْ فَٰسِقُون}
Do not pray [the funeral prayer, O Muhammad[ﷺ]], over any of them who has died – ever – or stand at his grave. Indeed, they disbelieved in Allah
[At-Taubah 9:84]
(Do not stand at his grave) making dua for him because he is not deserving of it. Leave it. (Meaning) after a person has been buried you may stand at his grave (making dua for him) but he is not deserving of this.
Therefore whoever dies in a state of Islam is prayed upon and whoever dies in a state of disbelief, it is not permissible to pray upon him.
{إِنَّهُمْ كَفَرُوا۟ بِٱللَّهِ وَرَسُولِهِۦ }
Indeed, they disbelieved in Allah and His Messenger [ﷺ]
[At-Taubah 9:84]
This is the reason why it is forbidden to pray upon them. As for the one who prays and leaves it, InshaAllah he is a rebellious sinner. (As for) the one who abandons the prayer completely:
(The Prophet ﷺ said)
[العهد الذي بيننا وبينهم الصلاة فمن تركها فقد كفر]
“The Pact that is between us and them is the prayer; so whoever abandons it has certainly disbelieved.”
(Narrated by Buraida ibn Husaib may Allah be pleased with him in At-Tirmidhi, An-Nisaaii and Ibn Majah)
[بين الرجل وبين الشرك الكفر ترك الصلاة]
“Between a man and between shirk and kufar is abandoning the prayer.”
(Narrated by Jabir in Muslim)
It is presumed within the lands of the muslims that the people are muslims (that fulfill their religious obligations). Therefore do not ask ‘does he pray or not?’. Leave this. He is in a muslim land so it is presumed he is a muslim (that fulfils his religious obligations).
Whoever you know with certainty does not pray, do not pray upon him. Whoever you have a doubt concerning, then he is presumed muslim because he is in a muslim land, so pray upon him if you wish.
If you refrain (from praying on him) because of this doubt that is your prerogative. As for declaring people to be disbelievers or asking ‘does he pray or not?’ There is no need for this. It is clear that this is unnecessary so do not ask about them.
Answered by: Shaykh Abu Bilaal Al Hadhramy – may Allah preserve him
Source: https://t.me/abubilalhami/2692
Answered on: 20, Safar 1441 (18th October 2019)
Translated by: Abu Sufian Saami Ibn Daniel Al-Ghaani