It is not permissible for a female Muslim to marry an unbeliever under any condition. 1259Nor is it
لاَ يَحِلُّ لِمُسْلِمَةٍ نِكَاحُ كَافِرٍ بِحَالٍ، وَلاَ لِمُسْلِمٍ نِكَاحُ كَافِرَةٍ،
The Book of Marriage
Marriage to Unbelievers
كاَحِ اْلكُفاَّرِ
The Book of Purification
The Book of Prayer
Importance of Prayer & Ruling of its Abandonment
Facing the Qiblah & Intention in the Prayer
Etiquettes of Walking to Prayer and its Description
Description of Prayer Continued
Description of Prayer Continued
Description of Prayer Continued
Pillars and Mandatory Acts of Prayer
Two Prostrations of Forgetfulness
Supererogatory (Voluntary) Prayers
Supererogatory (Voluntary) Prayers Continued
Times of Prohibition of (Supererogatory) Prayer
Congregational Prayers & Latecomers
Jumu'ah (Congregational Friday) Prayer
The Book of Funerals
The Book of Fasting
The Book of Hajj and 'Umrah
Book of Zakat
The Book of Selling and Commercial Transactions
Introduction & Commercial and Selling
Selling of Primary & Secondary Commodities
Cancellation Options in Transactions
Cancellation Options Continued
Debt Transference & Guarantor-ship
Mortgaging & Security Deposits
Partnership & Companies Continued
Reviving Barren Lands & Per-Job Wage
Lost and Found Property & Foundlings
Prize Money & Deposits for Safekeeping
The Book of Bequests
The Book of Inheritance
The Book of Marriage
The Book of Divorce
The Book of Sadaq
The Book of Dhihar
The Book of Lian
The Book of Foods
Book of Fatal and Non-Fatal Assault
The Book of Indemnities
The Book of Hudood
The Book of Jihad
The Book of the Judiciary
The Book of Testimonies
Appendix
Glossary
Chapter on Marriage to Unbelievers
1258
1258. Introduction to the Chapter on Inter-Religious Marriages
In this chapter, you will come to know that it is categorically impermissible for Muslim women to marry non-Muslim men. The same is true for Muslim men except that it is permissible, though disliked, for them to marry Jewish and Christian women in the lands of Islam. The reason behind discouraging or prohibiting inter-religious marriages is that people should look for commonalities when they seek a life partner. The journey of life is full of challenges, and the initial attraction may fade away with the test of time. Muslims, in particular, live their lives according to their religion, which guides their actions from the beginning of the day to the end and which makes up a very large component of their identity and lifestyle. In addition, in Islam, the spouses help one another to serve God by going to the mosque together, waking each other up for prayer, supporting one another during long days of fasting, etc. More importantly, they should raise their children jointly and harmoniously, without causing them confusion or distress.
The distinction between the ruling concerning Muslim men and women regarding marriage to non-Muslims is because of the undeniable differences between the roles of husbands and wives within the household. It is easier for a Muslim man to practice his religion while being married to a non-Muslim woman than for a Muslim woman married to a non-Muslim man. For example, a Muslim woman is prohibited from having intercourse during her menstrual periods and on days on which she is fasting, and this restriction may not necessarily be honored by a non-Muslim husband. Muslim men must avoid all forms of injustice towards their wives, including any form of religious compulsion for non-Muslim wives; they are meant to allow them to worship God as instructed by their religion. In Aḥkâm Ahl adh-Dhimmah, Ibn al-Qayyim explained that the Muslim man must avoid marital relations with his wife if she is required to refrain from that during her mandatory fasting. Muslims believe in the Divine origin of Judaism and Christianity and are required to revere Prophets Moses and Jesus, but the opposite is not true for the Jews and Christians, who may not recognize the Qur’an and Prophet Muhammad (SA). Finally, Islam ensures the commitment of its followers to its tenets by the necessary legislations, and while it permits Muslim men to marry Jewish and Christian women, it does not force the women to accept those marriages.
1259. Muslim Women Are Forbidden from Marrying Any Non-Muslim Men
allowable for a male Muslim to marry an unbeliever except a free woman from the People of the Book (the Jews and the Christians). 1260
إِلاَّ اْلحُرَّةَ اْلكِتَابِيَّةَ.
The Qur’an categorically prohibits the marriage of a Muslim woman to a non-Muslim man. Allah says:
{O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them. But give the disbelievers what they have spent. And there is no blame upon you if you marry them when you have given them their due compensation. And hold not to marriage bonds with disbelieving women...} (al-Mumtaḥinah 60: 10)
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا جَاءَكُمُ الْمُؤْمِنَاتُ مُهَاجِرَاتٍ فَامْتَحِنُوهُنَّ اللَّهُ أَعْلَمُ بِإِيمَانِهِنَّ فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لا هُنَّ حِلٌّ لَهُمْ وَلا هُمْ يَحِلُّونَ لَهُنَّ وَآتُوهُمْ مَا أَنْفَقُوا وَلا جُنَاحَ عَلَيْكُمْ أَنْ تَنْكِحُوهُنَّ إِذَا آتَيْتُمُوهُنَّ أُجُورَهُنَّ وَلا تُمْسِكُوا بِعِصَمِ الْكَوَافِرِ.
Allah also said:
{And do not marry polytheistic women until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite [you] to the fire, but Allah invites to paradise and to forgiveness, by His permission. And He makes clear His verses to the people that perhaps they may remember.} (al-Baqarah 2: 221)
وَلا تَنْكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّ وَلأَمَةٌ مُؤْمِنَةٌ خَيْرٌ مِنْ مُشْرِكَةٍ وَلَوْ أَعْجَبَتْكُمْ وَلا تُنْكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُوا وَلَعَبْدٌ مُؤْمِنٌ خَيْرٌ مِنْ مُشْرِكٍ وَلَوْ أَعْجَبَكُمْ أُولَئِكَ يَدْعُونَ إِلَى النَّارِ وَاللَّهُ يَدْعُو إِلَى الْجَنَّةِ وَالْمَغْفِرَةِ بِإِذْنِهِ وَيُبَيِّنُ آيَاتِهِ لِلنَّاسِ لَعَلَّهُمْ يَتَذَكَّرُونَ{ البقرة/221
The verses above indicate that it is generally prohibited for Muslim men and women to marry non-Muslims. There is no exception from that for Muslim women.
1260. Muslim Men Marrying Non-Muslim Women
Upon the conversion to Islam by the husband of a woman from the People of the Book, or the conversion of two unbelievers simultaneously, their marriage remains in effect. 1261
وَمَتَى أَسْلَمَ زَوْجُ الْكِتَابِيَّةِ، أَوْ أَسْلَمَ الزَّوْجَانِ اْلكَافِرَانِ مَعًا، فَهُمَا عَلىٰ نِكَاحِهِمَا.
In the verses above, Muslim men are forbidden from marrying non-Muslim women, but aside from that general prohibition, Allah specifically gives men permission to marry women from the People of the Book:
{…And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you...} (al-Mâ’idah 5: 5)
وَالْمُحْصَنَاتُ مِنَ الْمُؤْمِنَاتِ وَالْمُحْصَنَاتُ مِنَ الَّذِينَ أُوتُوا الْكِتَابَ مِن قَبْلِكُمْ
Islam allows Muslim men to marry women from the People of the Book because their books have instructions about marriage, chastity and manners that are compatible with Islamic teachings. Despite this permissibility, though, it is still disliked. Moreover, this permissibility pertains to marrying a Jewish or Christian woman in the land of Islam; the ruling on marrying them in non-Muslim lands is different.
The non-Muslim lands are either lands of war or peace (‘ahd: a treaty of peace). Wherever Muslims have the right to practice their religion, the suggested term would be Dâr al-Amn (دارُ الأمْنِ , or “abode of security”). In the land of war, all scholars agree that marriage to non-Muslim women is at best disliked, and some go as far as forbidding it, including (A) + (+H, as Ibn ‘Âbideen clarified that it is makrooh taḥreeman, or prohibitively disliked, in their madh-hab).
In the classical sources of fiqh, there is no detailed discussion of the issue in the land of ‘ahd. However, one can extrapolate from the analysis of the causes of prohibition in the land of war that many scholars would have said the same about the land of ‘ahd. There, too, the Muslim will be putting at risk his children’s adherence to Islam, especially in case of disputes. Additionally, some of the Companions, including ‘Umar ibn al-Khaṭṭâb, prevented Muslims in the newly opened lands from marrying non-Muslim women because this might put Muslim women at a disadvantage and cause them undue trials.
1261. Marriages Conducted Before Islam Are Considered Valid
This is always true unless there is a cause to prevent their continuation, such as when they are incestuous relationships. Many married couples accepted Islam during the Prophet’s time, and he did not demand their remarriage. In the two examples given, there is no cause to dissolve those marriages.
Aside from the husband of a woman from the People of the Book, if one of two unbelieving spouses converts to Islam, or one of two Muslim spouses apostatizes, and this is before the consummation, the marriage becomes annulled immediately. 1262 If this happens after the consummation, but the disbelieving spouse becomes Muslim before the end of the ‘iddah, then their original marriage remains in effect. 1263 Otherwise, the marriage will
وَإِنْ أَسْلَمَ أَحَدُهُمَا، غير زَوْجِ الْكِتَابِيَّةِ، أَوِ ارْتَدَّ أَحَدُ الزَّوْجَيْنِ اْلمُسْلِمَيْنِ قبل الدخول انْفَسَخَ النِّكاَحُ في الحالِ. وَإِنْ كَانَ ذٰلِكَ بَعْدَ الدُّخُوْلِ، فَأَسْلَمَ اْلكَافِرُ مِنْهُمَا فِيْ عِدَّتِهَا، فَهُمَا عَلىٰ نِكَاحِهِمَا، وَإِلاَّ تَبَيَّنَا أَنَّ النِّكَاحَ انْفَسَخَ مُنْذُ اخْتَلَفَ دِيْنُهُمُا.
One of the Spouses Changing Their Religion
1262. Because inter-religious marriages are forbidden for Muslims, except for the case of a Muslim man marrying a woman from the People of the Book.
A Muslim woman’s conversion to Judaism or Christianity is considered apostasy, causing annulment of her marriage.
1263. For example, if two atheists are married, and then one of them accepts Islam, their marriage is suspended (but not annulled) until the end of the woman’s ‘iddah. If the other spouse also becomes Muslim before it ends, the marriage resumes without a need for a new contract. On the other hand, if the other spouse fails to accept Islam before the end of the ‘iddah, the marriage is annulled retroactively from the time that one of them accepted Islam.
Another narration from Aḥmad states that the separation is immediate and not contingent upon the ending of the ‘iddah, but the narration chosen in this book seems stronger. In its support, Ibn al-Qayyim argued in Zâd al-Ma‘âd that thousands of couples accepted Islam during the life of the Prophet (SA). In many cases, one of them must have converted before the other by a short or long period, yet we do not know of the Prophet (SA) asking them later to redo their marriages. In certain cases, we are sure of one preceding the other, such as Abu Sufyân converting before his wife Hind, and the wives of Ṣafwân ibn Umayyah and ‘Ikrimah ibn Abi Jahl converting before their husbands. Ibn al-Qayyim goes as far as to say that the marriage will be suspended until the end of the ‘iddah. After that, the woman may marry another man, but if she chooses to wait for her husband, their marriage will remain suspended until his conversion. If he converts at any time, the marriage resumes without a need for a new contract.
be considered to have been annulled as of the time their religions differed.
If (a ṣadâq) was assigned while they were unbelievers, and the wife received it while they were unbelievers, then nothing else is due to her even if (that ṣadâq) was unlawful. 1264 If she has not received it, and it is unlawful, she will have the ṣadâq of a woman her equal, 1265 or half of that when indicated. 1266
وَمَا سُمِّيَ لَهَا وَهُمَا كاَفِرَانِ فَقَبَضَتْهُ فِيْ كُفْرِهَا، فَلاَ شَيْءَ لَهَا غَيْرَهُ، وَإِنْ كَانَ حَرَامًا، وَإِنْ لَمْ تَقْبِضْهُ وَهُوَ حَرَامٌ، فَلَهَا مَهْرُ مِثْلِهَا، أَوْ نِصْفُهُ حَيْثُ وَجَبَ ذٰلِكَ.
فَصْلٌ: وَإِنْ أَسْلَمَ اْلحُرُّ وَتَحْتَهُ إِمَاءُ فَأَسْلَمْنَ مَعَهُ، وَكَانَ فِيْ حَالِ اجْتِمَاعِهِمْ عَلىٰ اْلإِسْلاَمِ مِمَّنْ لاَ يَحِلُّ لَهُ نِكَاحُ اْلإِمَاءِ، انْفَسَخَ نِكَاحُهُنَّ، وَإِنْ كَانَ مِمَّنْ يَحِلُّ لَهُ نِكَاحُهُنَّ، أَمْسَكَ مِنْهُنَّ مَنْ تَعُفُّهُ، وَفَارَقَ سَائِرَهُنَّ.
The same applies to a Christian couple if the wife accepts Islam. If it is the husband who becomes Muslim, they may continue their marriage.
He Gave Her a Haram Dowry Before Their Conversion
1264. Since they were in a state of unbelief at that time, Islamic laws were not binding on them. (Examples of unlawful dowries are a herd of pigs or a barrel of wine.)
They Converted Before He Gave Her the Ṣadâq
1265. Because they are now Muslim, she may not accept an unlawful ṣadâq.
1266. Half of the ṣadâq is due on the husband if he divorces his wife before consummating the marriage.
Marriage to Unbelievers
( Page : no 113)