If those who neglect the prayers form a group that resists enforcement, they are to be fought for abandoning them, by the consensus of the Muslims. Likewise, they are to be fought for abandoning zakāh, fasting and other obligations, and for declaring lawful manifest prohibitions agreed upon by consensus, such as marrying women within the prohibited degrees of kinship, spreading corruption in the land, and similar acts. Every group that collectively resists compliance with any of Islam’s manifest ordinances established by mass transmission must be fought until religion is wholly for Allah, according to the agreement of the scholars.
If the person who neglects prayer is an individual, one view holds that he is to be punished by beating and imprisonment until he prays. The majority of scholars, however, hold that he must be executed if he refuses to pray after being called upon to repent. If he repents and prays, he is spared; otherwise, he is executed. Is he executed as a disbeliever or as a sinful Muslim? There are two views on this. Most of the early Muslim generations held that he is executed as a disbeliever. All of this concerns someone who acknowledges that prayer is obligatory. If, however, he denies its obligation, he is a disbeliever by the consensus of the Muslims. The same applies to anyone who denies the other obligations mentioned above or denies the prohibitions over which fighting is required.
Punishment for abandoning obligations and committing prohibited acts is thus the purpose of jihad in Allah’s cause. Jihad is obligatory upon the Muslim community by agreement, as indicated by the Quran and Sunnah, and it is among the best deeds.
A man said:
“O Messenger of Allah, direct me to a deed equal to jihad in Allah’s cause.”
He replied:
“You cannot do it,” or, “You would not be able to bear it.”
The man said:
“Tell me what it is.”
He replied:
“Can you, when the fighter sets out, fast without breaking your fast