Marriage Outside Islam – Shari’ah view
| It is not permissible for a Muslim woman to marry a non-Muslim man. |
It is permissible for a Muslim man to marry a Christian/Jewish woman strictly under these two conditions:
- She is a true Christian/Jew – not by name and/or ancestral background.
- She did not renegade from Islam and become a Christian/Jew.
NB. Due to some threatening factors, it is discouraged to marry a Christian/Jewish woman. It is perhaps for these factors that Hadhrat Úmar (Radhiyallaahu Ánhu) stopped Muslims during his reign of power to marry Christian/Jewish women.
| If there is a difference in religion after marriage then four possibilities may arise. |
- Both spouses were non-Muslims and both simultaneously accepted Islam.
- Both were Muslims and both simultaneously became Murtads (renegade from Islam).
In the above two situations the Nikah remains intact.
- One becomes a Muslim and the other remains a non-Muslim. This situation is of two types.
The husband accepts Islam and the woman remains a non-Muslim. If the woman is an Ahlul-Kitaab (Christian or Jew as described above) then the Nikah is intact but if she follows some other faith then in an Islamic state the following procedure will be adopted:
The Qaadhi will invite her to Islam: if she accepts then the Nikah will be intact, but if she refuses or maintains silence then the Qaadhi will annul the marriage. If this situation occurs in a non-Islamic State then upon the woman spending three menstrual cycles, the Nikah will be instantly annulled.
- The wife accepts Islam and the husband remains a non-Muslim.
If it is in an Islamic State the Qaadhi will invite him to Islam. If he accepts then the Nikah will remain. If he rejects or maintains silence then the Qaadhi will effect a separation. In a non-Islamic State the woman will be divorced upon three menstrual cycles. The woman will then have to observe another three menstrual cycles on observing Iddat.
| In the situation where one of the spouses renegades. This is of two types. |
- If the husband renegades then the marriage is instantly annulled.
- If the wife renegades then – according to the preferred opinion – this does not effect the Nikah. She will still be his wife. However, until she does not accept Islam the husband cannot cohabit with her.
Prepared by: Darul Ifta Jamiatul Úlama (KZN)
Courtesy: www.everymuslim.co.za ?
