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SunniPath > Answers > Hanafi Fiqh > Marriage > Marrying non-Muslims: the legal ruling

Question ID:2267

Date Published: July 03, 2005

Marrying non-Muslims: the legal ruling

Answered by Shaykh Muhammad ibn Adam al-Kawthari

Question:
Could someone from amongst your group (Please) put together a reply that gives the reasons why our
young women may not marry outside Islam and send it to the gentleman (also covering his question).
Please keep me in copy as I am interested in forwarding it to a young Muslim friend who is 'marrying' an
Irish Catholic man who refuses to convert to Islam.

Answer:

In the name of Allah, Most Compassionate, Most Merciful,

Inter-marriage between Muslims and non-Muslims is something that has been clearly
prohibited in the Qur�an and Sunnah, thus not permissible in any way. The only exception to
this general rule is the marriage of Muslim men with Christian and Jewish girls, and that also
with certain conditions.

Allah Most High says:

�Do not marry unbelieving women until they believe. A slave woman who believes is better
than an unbelieving woman, even though if she attracts you. And not marry (your girls) to
unbelievers until they believe. A man slave who believes is better than an unbeliever, even
though if he attracts you. Unbelievers do (but) beckon you to the fire but Allah beckons by
His grace to the garden (of bliss) and forgiveness, and makes His signs clear to mankind; that
they may receive admonition�. (al-Baqarah, 221).

The above verse of the Holy Qur�an along with many other statements of the Qur�an and
Sunnah clearly mention the impermissibility of Muslims marrying non-Muslims. Therefore, a
marriage between a Muslim and someone from another religion will not be lawful or even
valid according to Islam. The exception, however, is mentioned in the following verse:

�(Lawful unto you in marriage are chaste women who are believers and chaste women
among the people of the book�. (al-Ma�idah, 5).

Thus, it would be permissible, in principle, for Muslim men to marry women from the people
of the book (ahl al-Kitab) namely Christian and Jewish girls. However, this is also subjected
to certain conditions, as will be mentioned later.

The reason behind this is that, marital relationships demand mutual love, affection and
intimacy and without this, the purpose of marriage is left unfulfilled. If such close relationship
of love and intimacy is established with a non-Muslim, it may emotionally incline a Muslim
towards disbelief (kufr) or, at least, the abhorrence of Kufr and Shirk may not remain in the
heart. Consequently, it may lead one to disbelief and eventually the fire of Hell. This is why
Allah Almighty said towards the end of the verse of Surah al-Baqarah quoted above:

�Unbelievers do (but) beckon you to the fire but Allah beckons by His grace to the garden
(of bliss) and forgiveness, and makes His signs clear to mankind; that they may receive
admonition�. ( 221). (See: Ma�arif al-Qur�an, 1/ 540).

Therefore, the fear that a Muslim man or woman may well be affected with his/her partner�s
religion, thus go on to a path that leads to the fire of hell, is the main cause for this
prohibition. Hence, a Muslim woman will not be allowed whatsoever to marry anyone besides
a Muslim man, and even if she did, the marriage will not be valid in Islam. Similarly, a
Muslim man will not be allowed to marry any non-Muslim girl, such as a Hindu, Sikh,
Buddhist, or any other non-Muslim woman. However, it will be permissible for him to marry
a Christian or a Jewish girl. This is explained in the following section.

Marrying Christian and Jewish girls

As stated previously, Islam has allowed Muslim men to marry women from the people of the
book (ahl al-Kitab). This permission is explicitly mentioned in the verse of the Qur�an
already quoted:

�(Lawful unto you in marriage are chaste women who are believers and chaste women
among the people of the book�. (al-Ma�idah, 5).

However, there are certain points that need to be taken into consideration here:

Firstly, the exception of Christian and Jewish girls is because the difference in belief between
the people of the book and Muslims is relatively lesser and lighter as compared with other
non-Muslims. They are all monotheistic religions and known as the Abrahamic faiths. The
basic difference between Islam and the other two religions is the belief in the last Messenger
of Allah (Allah bless him & give him peace). Therefore, the fear and danger of corruptibility
is less as compared to marrying with women from other faiths, thus Islam gave this
permission for Muslim men to marry Christian and Jewish girls.

A question may arise here, that if the difference between Muslims and people of the book is
considered to be lighter as compared to other faiths, then why is it unlawful for Muslim girls
to marry Christian and Jewish men?

The answer to this question is that, women are somewhat weak and emotional by nature. Then
the husband has been given a caretaking and controlling role over the wife. As such, it is very
likely that the Muslim wife may fall prey and become impressed with her husband�s faith.
The chances of the husband becoming affected by his wife�s faith are remote, thus the
difference between the two situations is clear.

Moreover, by marrying a Christian or a Jewish man, the status of the Muslim wife would be
affected, for the wife normally takes the nationality and status given by her husband�s law.
A Christian or a Jewish woman marrying a Muslim man would be expected eventually to
accept Islam, while the possibility of a Muslim woman changing her faith to that of her
husband is very likely. Therefore, only Muslim men were given this permission of marrying
with women from the people of the book.

Secondly, women who are Christians and Jews merely by name, and do not really believe in
any religion, like a large number of people in the west, cannot be termed as people of the
book (ahl al-Kitab). They are atheist in reality and it will not be permissible for Muslim men
to marry them.

Therefore, one must first make sure that the woman is truly a believing Christian or Jew, and
then consider contracting marriage with them.

Thirdly, it should be remembered that the meaning of the permission of marrying Christian
and Jewish women is simply that, if a marriage contract was performed with them, it would
be valid according to Islam and the children born out of this wedlock will be considered
legitimate.

However, there are various narrations that establish its undesirability. A Muslim man is
advised in the Hadith to select a life partner who fully observes the injunctions of Islam, so
that she becomes a means of attaining piety. If that is the case, then marrying Christian and
Jewish girls would be disliked.

This is the reason why Sayyiduna Umar ibn al-Khattab (Allah be pleased with him) prevented
many such marriages in his lifetime because of what he had seen of the corruption that
resulted in Iraq and Syria. (See: Muhammad ibn al-Hasan, Kitab al-Athar).

Finally, this permission is only when one is confident that he himself or his children will not
be affected by this marriage. In the early days, Muslims were duly equipped with adequate
Islamic knowledge and an unshaken commitment towards their religion. As such, there was
no risk of the husband being affected by his wife�s religion. Rather, the wife would see the
glory of Islam, thus enter into the fold of Islam.
Therefore, if a Muslim male is confident that marriage with a Christian or Jewish girl will
have no affect on his and his children�s Islamic identity and commitment, then there is no
bar against such marriages. However, if he is not so confident, he must avoid entering into
such marriages.

And Allah knows best

Muhammad ibn Adam al-Kawthari

Darul Iftaa, Leicester, UK

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