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marriage with non-muslims question


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#1 Guest_Humera_*

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Posted 20 November 2003 - 12:23 PM

                    Dear sisters,

Assalamo alaikum,

a friend of mine forwarded me the following, i'd like to know if this is true as it puzzled me a lot.



Are Muslim men allowed to marry non-Muslim women?
When you marry female people of the book and they turn out not practicing
their own deen or even do not believe, what do you do. Given the fact that
the fatwa classify them as Kafirs. Is there a problem of inconsistency there
with the Quran which allows such marriage. Shouldn't the Quran take
precedence here. The intent is to bring them to Islam. If after so many
years one is convinced they will not believe what then do you do.

Cheri Powers, Lahore

Answer:

Assalam-o-Alaikum and thank you for contacting JI dear Cheri Powers,

Islam allows a Muslim male to marry a lady, either Christian or Jews - she
should not be open polytheist. She is not obliged to convert to Islam for
the sake of marriage. She will enjoy all the rights that a Muslim wife
avails - proper willful contract, dower, right of nafaqa (sustenance) from
husband, right of inheritance (if she gets widowed), and right of separation
(khula') if ever she so wants. And, the Qur'an ordains that wife - a Muslim
or Christian - is equal partner to the marriage contract.

However, a Muslim lady can neither be married nor remain married to a
non-Muslim, including one belonging to the "People of Book". If some Muslim
sister has indulged in this, she should approach the husband and try her
best that he also converts to Islam. Meanwhile she will NOT act as his wife
and stay divorced. If after lapse of some time, the husband embraces Islam,
they can however, unite again without fresh marriage, as such instances are
reported in the "Seerah" and the decisions given was by the Prophet (SWS)
himself. In case he doesn't embrace Islam, divorce is inevitable.

Yes, Qur'an gets precedence over all other opinions. Now you say that "these
women do not even believe in or practice their own deen". Does that mean
they were not truly Christian or Jew, and were therefore, wrongly taken to
be ahle-kitab? If so, one should not have married such a lady in the first
place. One thing however, is clear. If a true Christian or Jewish lady
(married to a Muslim man) sticks to her deen, she is not be compelled to
convert to Islam. Preferably however, after the marriage the family should
move to Dar al Islam. That will enhance her chances to become Muslim or at
least stay closer to the True Faith. More important that the children of
such couple will be raised Muslims.                    

#2 Paradise_lover

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Posted 20 November 2003 - 03:10 PM

                    Salam alikom

Ruling on a Muslim man marrying a non-Muslim woman and vice versa

Question :


I have some questions about Islam, could you explain them for me? Is it permissible for someone who follows Islam to marry someone who does not follows Islam without that person converting to Islam after marriage?.

Answer :

Praise be to Allaah.  

It is permissible for a Muslim man to marry a non-Muslim woman if she is Christian or Jewish, but it is not permissible for him to marry a non-Muslim woman who follows any religion other than these two. The evidence for that is the verse in which Allaah says (interpretation of the meaning):

“Made lawful to you this day are At‑Tayyibaat [all kinds of Halaal (lawful) foods, which Allaah has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables and fruits)]. The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them. (Lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time when you have given their due Mahr (bridal-money given by the husband to his wife at the time of marriage), desiring chastity (i.e. taking them in legal wedlock) not committing illegal sexual intercourse, nor taking them as girlfriends”

[al-Maa'idah 5:4]

Imam al-Tabari said in his commentary on this verse:

“chaste women from the believers and chaste women from those who were given the Scripture” means, free woman among those whom have been given the Scripture, namely the Jews and Christians who believe in what is in the Tawraat (Torah) and Injeel (Gospel) from among the people who came before you, O believers in Muhammad, whether from among the Arabs or other people; you are permitted to marry them “when you have given their due Mahr (bridal-money given by the husband to his wife at the time of marriage)” which means, if you give to those whom you marry of your (Muslims’) chaste women and their (Jews’ and Christians’) chaste women their mahrs or dowries.”

(Tafseer al-Qurtubi, 6/104)

But it is not permissible for a Muslim man to marry a Magian (Zoroastrian) woman or a communist woman or an idol-worshipping woman, etc.

The evidence for that is the verse in which Allaah says (interpretation of the meaning):

“And do not marry Al-Mushrikaat (idolatresses) till they believe (worship Allaah Alone). And indeed a slave woman who believes is better than a (free) Mushrikah (idolatress), even though she pleases you”

[al-Baqarah 2:221]

A mushrikah is an idol-worshipping woman who worships stones, whether from among the Arabs or others.

It is not permissible for a Muslim woman to marry a non-Muslim from any other religion, whether from among the Jews or Christians, or any other kaafir religion. It is not permissible for her to marry a Jew, a Christian, a Magian, a communist, an idol-worshipper, etc.

The evidence for that is the verse in which Allaah says (interpretation of the meaning):

“And give not (your daughters) in marriage to Al‑Mushrikoon till they believe (in Allaah Alone) and verily, a believing slave is better than a (free) Mushrik (idolater), even though he pleases you. Those (Al-Mushrikoon) invite you to the Fire, but Allaah invites (you) to Paradise and forgiveness by His Leave, and makes His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) clear to mankind that they may remember”

[al-Baqarah 2:221]

Imam al-Tabari said:

What is said concerning the interpretation of the words “And give not (your daughters) in marriage to Al‑Mushrikoon till they believe (in Allaah Alone) and verily, a believing slave is better than a (free) Mushrik (idolater), even though he pleases you” is that what Allaah meant by that is that Allaah has forbidden the believing women to give birth to a mushrik, no matter what kind of shirk he believes in. So, O believers, do not give your daughters in marriage to them, for that is forbidden to you. For you to give them in marriage to a believing slave who believes in Allaah and His Messenger and that which he brought from Allaah is better for you than to give them in marriage to a free mushrik even if he is of noble descent and honourable origins, even if you like his descent and background…

It was narrated that Qutaadah and al-Zuhri said, concerning the phrase “And give not (your daughters) in marriage to Al‑Mushrikoon”, It is not permissible for you to give them in marriage to a Jew or a Christian or a mushrik who is not a follower of your religion. (Tafseer al-Qurtubi, 2/379).



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#3 Paradise_lover

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Posted 20 November 2003 - 03:16 PM

                    Salam alikom

Who are the women of the People of the Book whom Muslims are permitted to marry?

Question :


Thanks for answering my question. I want to know what you mean with marrying a Jew or christian who should had chastity? Does touching and kissing forbidden before marriage occurs? I have read in your anwers that you tell muslim that the woman should be chaste. Is this only with jew or christian girl or also, muslim woman? Does touching and kisssing are included when you refer to chastidy? What should be the advice given to a muslim boy that thinks touching is necessary before marriage?
I appreciate this to be confidencial. Thanks so much for helping me.

Answer :

Praise be to Allaah.

Abu Ja’far Muhammad ibn Jareer al-Tabari gave a definition of muhsanah in Jaami’ al-Bayaan ‘an Ta’weel Aayi’l-Qur’aan (8/165):

“Muhsanah means the woman who is chaste and pure … one who is chaste and protects her private parts from committing immoral acts, as in the aayah (interpretation of the meaning): ‘And Maryam, the daughter of ‘Imraan, who guarded her chastity…’ [al-Tahreem 66:12], meaning that she kept herself above suspicious actions and protected herself from immoral conduct.”

Then he discussed the interpretation of the aayah (interpretation of the meaning): ‘… (lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time…’ [al-Maa’idah 5:5]

He said that some others said that what was meant by this aayah (‘… (lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time…’) is chaste women from both groups, whether they were slaves or free. Those who were of this opinion considered it permissible to marry slave women who were Jews or Christians who practised their religions, because of this aayah, but they considered it haraam to marry promiscuous women, whether they were Muslims or from the People of the Book. Then he mentioned reports to support this opinion.

He also said: ‘There was some dispute among the scholars about the interpretation of the phrase and chaste women from those who were given the Scripture (Jews and Christians) before your time…- was this general or specific in application? Some said that it is general and applies to all chaste women, because muhsanaat means chaste women, and a Muslim is allowed to marry any woman of the People of the Book, free or slave, from a country whose people are engaged in hostilities with Islam or from a community which is living under Islamic rule. They use as evidence for this the apparent meaning of the phrase and chaste women from those who were given the Scripture (Jews and Christians) before your time… - taking muhsanaat to mean any chaste woman, whoever she may be. This is the opinion of those who take muhsanaat to mean “chaste women” in this context.

Others say that it refers only to the women of Jewish and Christian communities who are living under Islamic rule. As regards those living in regions that are hostile to Islam, Muslims are not permitted to marry such women.

He mentions an important condition for marrying a woman of the People of the Book, which every Muslim who wants to marry such a woman in a non-Muslim country should pay attention to. This condition is that he should be in a position where he is not afraid that his child will be forced into kufr.

One of the obvious implications of this in our time is that a Muslim should not put himself in a position where he will be forced to raise his child as a kaafir in a non-Muslim country, where a child may be forced to study something about Christianity, for example, or he may be taken to church on Sundays, or the law may be on the side of the non-Muslim woman, allowing her to take her child wherever she wants and raise him in her family’s religion, etc. We ask Allaah to keep us safe from all that and we seek refuge with Him from being forsaken.

Shaykh al-Sa’di said in his Tafseer (commentary on the Qur’aan), 1/458:

“‘… (lawful to you in marriage) are chaste women – i.e., free and chaste - from the believers and chaste women –free and chaste - from those who were given the Scripture (Jews and Christians) before your time…’ i.e., from among the Jews and Christians. This is adding specific details to the aayah (interpretation of the meaning): ‘And do not marry al-mushrikaat (idolatresses, etc.) till they believe (worship Allaah alone)…’ [al-Baqarah 2:221].”

As for promiscuous women, those who do not keep themselves chaste and free from immoral sexual conduct, it is not permitted to marry them, whether they are Muslims or from among the People of the Book (Jews and Christians), unless they repent, because Allaah says (interpretation of the meaning): “Let no man guilty of fornication or adultery marry any but a woman similarly guilty, or an unbeliever: nor let any but such a man or an unbeliever marry such a woman: to the Believers such a thing is forbidden.” [al-Noor 24:3]

And Allaah knows best.



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#4 Paradise_lover

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Posted 20 November 2003 - 03:22 PM

                    Salam alikom

Is it permissible to allow a Christian wife to practise her religion in the home?

Question :


I know that Allah (S) has permitted us to marry Christians and the Jews. Now, can she practice her religious rites in the same house and have pictures of the crucifiction of Jesus (A) and celebrate Thanksgiving, Christmas and etc. Can her kids join her? If no, would not it hurt her feelings? Please, answer me on this issue.

Answer :

Praise be to Allaah.

It is not permissible for a Muslim to allow his wife from among the People of the Book to celebrate her festivals in his home, for the man is in charge of that woman and she does not have the right to openly celebrate her festivals in his home, because of the resulting effects of corruption, forbidden things and display of the symbols of kufr in his home. He should keep his children from taking part in those innovated festivals, because the children belong to the father and he should keep them away from these forbidden celebrations. At the same time he should direct them towards what will benefit them, even if that affects his relationship with his wife. The aims of sharee’ah and protecting one’s religion – which is one of the most important aims of sharee’ah – take priority over everything else.

Imaam Ahmad ibn Hanbal was asked about a man who had a Christian wife – could he let her go out to join in the Christian festivals or to go to the church? He said, no.

In al-Mughni (1/21), Ibn Qudaamah says: “(Treatment of women): If his wife is a dhimmiyyah [a Jew or Christian living under Islamic rule], he can prevent her from going to the church, because that is not an act of obedience to Allaah.”

If these scholars said that the husband should stop a Christian wife from going to church, then what do you think is the case with regard to her celebrating these innovated festivals in the house of her Muslim husband? Especially when we know the harm that results from these festivals, which is far worse than her merely going to the church. And Allaah knows best.



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#5 Paradise_lover

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Posted 20 November 2003 - 03:23 PM

                    Salam alikom

Should he try not to have children with his Christian wife?

Question :


married with a christian; also have converted to islam from Hinduism myself. Wondering, if it is okay to try my best to not have children with this christian wife since there is no agreement on raising the child as muslim.

Answer :

Praise be to Allaah.

Firstly, we would like to offer our congratulations to you for the blessing that Allaah has bestowed upon you by bringing you into Islam. We ask Allaah to help you to be steadfast in Islam and to die as a Muslim.

Secondly, we do not advise you to prevent having children with your Christian wife, for two reasons:

Having a lot of children is required according to sharee’ah. The Messenger  (peace and blessings of Allaah be upon him) said: “Marry women who are loving and fertile, for I will be proud of your great number before the other nations on the Day of Resurrection.” (narrated by Abu Dawood, 1754; al-Nisaa’i, 3175; classed as saheeh by al-Albaani (may Allaah have mercy on him) in Adaab al-Zafaaf, p. 132)

It is not definite that your wife will remain a non-Muslim. Allaah may bless her with Islam as He has blessed you, then you may regret having gotten older without having children to bring up in the right religion and with proper manners.

So we advise you not to prevent having children, and to try to call your wife to Islam – maybe Allaah will bless her with Islam.

If Allaah does bless you with children, then you have to bring them up in the right religion and with proper manners from an early age. This is one of the duties that Allaah requires of you, and your non-Muslim wife has no say in the matter. Allaah says (interpretation of the meaning):

“O you who believe! Ward off from yourselves and your families a Fire (Hell) whose fuel is men and stones” [al-Tahreem 6:66].

The Prophet  (peace and blessings of Allaah be upon him) said: “Each of you is a shepherd, and each of you is responsible for his flock… a man is a shepherd of his family and will be asked about those who are under his care…” (narrated by al-Bukhaari, 844, and Muslim, 3408).

And Allaah knows best.



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