Chapter 1

Transactions

Marriage: Invalid Marriages

44549: Ruling on a Muslim woman marrying a Shi'i

Question:

My cousin (daughter of my paternal uncle) is going to marry a Shi'i. What is the Islamic ruling on that? How can I persuade her not to go through with this marriage, knowing that her parents agree to it? Please advise me, may Allaah reward you with good.

Answer:

Praise be to Allaah.

The Standing Committee was asked the following question:

We come from a tribe that lives on the northern borders [of Saudi Arabia], and we mix with tribes from Iraq who are idolatrous Shi'ah; they worship domes and call them al-Hasan and al-Husayn and `Ali. When one of them stands up he says. "O `Ali, O Husayn." Some people from our tribe have intermarried with them and mix with them in all circumstances. We have tried to teach them but they do not listen. I do not have enough knowledge to teach them but I hate what they do, and I do not mix with them. I have heard that we cannot eat meat slaughtered by them, but these people eat their meat and do not care. We are asking you what are our obligations in this case?

Answer:

Praise be to Allaah and blessings and peace be upon His Messenger and his family and companions.

If the situation is as you describe _ that they call upon `Ali, al-Hasan and al-Husayn, and so on _ then they are mushrikeen who are guilty of major shirk, which puts them beyond the pale of Islam. It is not permissible for Muslim women to marry them, and it is not permissible for us to marry their women, or to eat meat slaughtered by them.

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. And give not (your daughters) in marriage to AlMushrikoon 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]

And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions.

From Fataawa al-Lajnah al-Daa'imah, 2/264

You have to advise your uncle and cousin, and tell them about the fatwas of the scholars concerning this issue. If your uncle insists on marrying his daughter to a Shi'i, then refer the matter to the sharee'ah court to prevent this evil action.

And Allaah knows best.

See also question no. 4569.

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45663: Mut'ah marriage and `urfi marriage

Question:

I want to marry a Muslim girl, but in three years' time, and I do not want to commit sin with her. I want to marry her in a `urfi marriage (a kind of marriage in which the nikaah is not registered officially or announced) or a mut'ah marriage until I can marry her in the shar'i manner later on. What should I do when I want to marry her in the shar'i manner after that? Because I fear Allaah and I do not want to fall into sin. This is the best and most permissible method, but Allaah knows best. What should I do?.

Answer:

Praise be to Allaah.

The question is not clear. The brother's words may be understood in more than one way with regard to his intention in the marriage contract about which he is asking. He says " `urfi marriage" then he says "mut'ah". It is known that there are two well-known forms of " `urfi marriage", and he could be asking about three kinds, so we will answer on the assumption that he is asking about all of them.

As for mut'ah marriage, which means marrying for a set time limit agreed upon by both parties, for a specified mahr (dowry), after which the marriage contract is annulled upon expiry of that time period _ this is a haraam marriage contract which is not valid at all. This has already been discussed in the answers to questions no. 1373, 2377 and 6595.

With regard to " `urfi marriage" _ there are two types of this:

1 _ Where the woman is married in secret, without the agreement of her wali (guardian). If that is the case then it is a haraam marriage contract which is not valid, because the agreement of the wali is one of the conditions of the marriage contract being valid.

In the answer to question no. 2127 you will find a summary of the conditions of marriage, and the conditions of the wali. In the answer to question no. 7989 there are more details about the importance of the wali in order for the marriage to be valid.

2 _ Marriage with the agreement of the woman and her wali, but without announcing the marriage publicly, or registering it in the shar'i or civil courts, but there are witnesses. If this is the case, then it is a valid marriage from the point of view of having met the necessary conditions, but it goes against the Islamic command to publicize the marriage. Not having the marriage officially documented may lead to the wife losing out on her rights with regard to the dowry and inheritance, and if the marriage leads to children, how will this child be recorded in official documents? How will the woman defend her honour before people?

It should also be noted that some of the fuqaha' say that publicizing the marriage is one of the conditions of it being valid, which is not far from the truth. They gave as the reason for that the fact that publicizing the marriage demonstrates the difference between marriage and immoral relationships. This is supported by the words of the Prophet (peace and blessings of Allaah be upon him): "The difference between what is halaal and what is haraam is beating the daff and raising the voice at weddings." Narrated by al-Tirmidhi, 1088; al-Nasaa'i, 3369; Ibn Maajah, 1896. Classed as hasan by Shaykh al-Albaani in Irwa' al-Ghaleel, 1994

Shaykh al-Islam Ibn Taymiyah said:

There is no doubt that a marriage which is announced publicly is valid, even if it is not witnessed by two witnesses, but if it is concealed and kept secret, this is a matter concerning which there is some debate. If there are witnesses and it is also announced publicly, this is the marriage concerning which there is no dispute that it is valid. If there are no witnesses and it is not announced publicly, then it is invalid according to all scholars. But if there are any scholars who dispute this, they are very few.

Al-Fataawa al-Kubra, 3/191

Ibn al-Qayyim said:

The Lawgiver has stipulated four conditions for marriage in addition to the marriage contract, in order for there to be no suspicion of immoral conduct: it should be publicized, there should be a wali (woman's guardian), the woman should not do the marriage contract herself and it is mustahabb to beat the daff and raise voices (in song) and give a waleemah (wedding feast), because that does away with the means that may lead to immoral actions under the guise of being married.

I'laam al-Muwaqqi'een, 3/113

i.e., if marriage is done in secret, it is possible that if the woman gets pregnant and gives birth, the man may deny this child because there is no proof that this woman is his wife and this child is his child. But if there are witnesses and the marriage is publicized, there is no room for this evil action to take place.

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11515: Prohibition on quid-pro-quo marriage and its evil consequences

Question:

Two men agreed that each of them would give his sister in marriage to the other. What is the ruling on this marriage?.

Answer:

Praise be to Allaah.

This marriage is known in Arabic as nikaah al-shighaar (quid-pro-quo marriage). It is haraam and was forbidden by the Prophet (peace and blessings of Allaah be upon him).

Nikaah al-shighaar refers to when a man gives his daughter, sister or other female relative whose guardian he is in marriage on the basis that the other man will give him a female relative in marriage, or will let his son or nephew marry his daughter, sister or niece, and so on. The marriage contract done on this basis is invalid, whether a mahr is stated or not, because the Messenger (peace and blessings of Allaah be upon him) forbade that and warned against it. And Allaah says (interpretation of the meaning):

"And whatsoever the Messenger (Muhammad) gives you, take it; and whatsoever he forbids you, abstain (from it)"

[al-Hashr 59:7]

In al-Saheehayn it is narrated from Ibn `Umar (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade shighaar.

In Saheeh Muslim (1416) it is narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade shighaar. Ibn Numayr added: Shighaar means when a man says to another: "Give me your daughter in marriage and I will give you my daughter in marriage, or give me your sister in marriage and I will give you my sister in marriage."

And he (peace and blessings of Allaah be upon him) said: "There is no shighaar in Islam." Narrated by Muslim, 1415.

These saheeh ahaadeeth indicate that nikaah al-shighaar is haraam and invalid, and that it goes against the laws of Allaah. The Prophet (peace and blessings of Allaah be upon him) did not differentiate between that in which a mahr is mentioned and that in which no mahr is mentioned.

With regard to what was narrated in the hadeeth of Ibn `Umar, explaining shighaar as being when one man gives his daughter in marriage to another on the basis that he (the latter) will give him (the former) his daughter in marriage with no dowry (mahr) between them _ the scholars have stated that these are the words of Naafi', the narrator who transmitted it from Ibn `Umar, and are not the words of the Prophet (peace and blessings of Allaah be upon him). The Prophet (peace and blessings of Allaah be upon him) explained it as narrated in the hadeeth of Abu Hurayrah quoted above, as being when a man gives his daughter or sister in marriage on the basis that the other man will give him his daughter or sister in marriage. He did not say, "with no dowry between them." This indicates that whether there a dowry is mentioned or not has no effect on that. Rather the factor that determines that this marriage contract is invalid is the idea of exchange or reciprocity. That leads to a great deal of corruption, because it may lead to women being forced to marry people they have no desire to marry, and giving precedence to the interests of guardians over the interests of women. This is an evil thing and injustice towards women. It also deprives women of the dowries that their peers receive, as happens among those who engage in this wrongful contract, except those whom Allaah wills. It also leads to a great deal of arguments and disputes after marriage; this is an example of the immediate punishment (in this world) for those who go against sharee'ah.

Ahmad (16414) and Abu Dawood (2075) narrated with a saheeh isnaad from `Abd al-Rahmaan ibn Hormuz that al-`Abbaas ibn `Abd-Allaah ibn `Abbaas gave his daughter in marriage to `Abd al-Rahmaan ibn al-Hakam, and `Abd al-Rahmaan gave his daughter to him in marriage, and each of them gave a dowry. Mu'aawiyah ibn Abi Sufyaan, who was the caliph, wrote to Marwaan ordering him to separate them, and he said in his letter: "This is the shighaar which the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade."

This incident which took place at the time of the caliph Mu'aawiyah clearly shows us what was meant by the shighaar that the Messenger (peace and blessings of Allaah be upon him) forbade in the hadeeths quoted above, and demonstrates that mentioning a dowry does not make the marriage valid or alter the fact that it is shighaar, because al-`Abbaas ibn `Abd-Allaah and `Abd al-Rahmaan ibn al-Hakam both mentioned a dowry, but Mu'aawiyah (may Allaah be pleased with him) did not pay any attention to that, and he ordered that they be separated and said: "This is the shighaar which the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade." Mu'aawiyah (may Allaah be pleased with him) had a better knowledge of the Arabic language and the meanings of the hadeeths of the Messenger (peace and blessings of Allaah be upon him) than Naafi', the freed slave of Ibn `Umar (may Allaah be pleased with them all).

With regard to the solution for one who has become involved in a shighaar marriage and who loves his wife and his wife loves him, the answer is for them to do a new marriage contract with a wali (guardian) and a new mahr, and with two witnesses of good character. In this manner they will have done what is required of them and the wife will become permissible (for the husband). They must also repent to Allaah for what happened before, and if they have children, they are to be attributed to the father because they thought that the marriage was valid. But if the husband does not love the wife or vice versa, then he has to divorce her with one talaaq, which will be a revocable divorce, and she will have the right to marry someone else once her `iddah is over. If the husband wants to take her back, then he may do so with a new marriage contract, if she wants to go back, in which case there are two divorces left, and there is nothing wrong with him marrying her anew during the `iddah period.

From Hukm Nikaah al-Shighaar by Shaykh ;Abd al-`Azeez ibn Baaz. (www.islam-qa.com)

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22760: Do I have to obey my father in choosing a husband, and how can I make him more even-tempered?

Question:

I have a question about marriage, my father believes that being Bengali, he's daughters should only get married to a Bengali man, the thing is, my dad likes to be a pillar of society and likes to have control over everything we do, Can you give me proof that it is ok for the daughters to choose who they get married to, despite whether they are Pakistani, Indian or Bengali, as long as he is good in terms of religion and suitability, my father believes that girl's haven't got the right to choos who they get married to, only he does, but I think the people he chooses are only chosen for the fact that they will give him a good name and because he they are Bengali. Is it possible for the girl to make her own choice in terms of who she gets married to if she finds a suitabaly compatible, religious and good man of a different nationality with similar status and wealth, even if her dad doesn't like him because of his nationality?

Also my father is very controlling, picking and choosing what he wishes to believe in terms of religion, he likes to show off his wealth and power and build his name, can you give me any supplications which will help to make him a more mild mannered and diplomatic man? I would be very grateful if you could help me in this matter.

Answer:

Praise be to Allaah.

Firstly:

The presence of the wali (guardian) is one of the conditions of marriage, and a woman's marriage is not valid unless this condition is met. This is the correct view and is the view of the majority of scholars. See question no. 2127.

The person who has the most right to be a woman's guardian is her father, but if it is proven that he is not qualified for this role then it moves to the next closest relative, such as her grandfather for example.

For more information on this issue, with evidence, please see question no. 7193 and 31119.

Secondly:

With regard to the conditions and qualities that should be present in the husband, the most important of these is religious commitment. The Prophet (peace and blessings of Allaah be upon him) said: "If there comes to you one with whose religious commitment and character you are pleased, then marry [your daughter or female relative under your care] to him, for if you do not do that there will be fitnah (tribulation) on earth and much corruption." Narrated by al-Tirmidhi (1005) and classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 1084.

See also question no. 6942 and 5202.

Thirdly:

One of the shar'i conditions of marriage is the consent of the wife, because the Prophet (peace and blessings of Allaah be upon him) said, "A previously-married woman should not be married without consulting her and a virgin should not be married without asking her permission." They said, "O Messenger of Allaah, how does she give her permission?" He said, "If she remains silent." Narrated by al-Bukhaari, 4741; Muslim, 2543.

No one has the right to force a girl to marry anyone, but at the same time she does not have the right to get married without her guardian's permission.

The presence of the guardian is an important condition for a marriage to be valid, but a girl should not be forced into marrying someone who she does not want to marry, and she is not regarded as disobeying her parents in this case. Shaykh al-Islam [Ibn Taymiyah] said: "The parents do not have the right to force their son to marry someone whom he does not want, and if he refuses he is not being disobedient, like eating something that he does not want." Al-Ikhtiyaaraat, p. 344

Fourthly:

With regard to your father and the way he is, we offer the following advice:

(i) Make du'aa' for him in his absence. There is no specific du'aa', so pray to Allaah to reform him and open his heart.

(ii) Seek the help of some of your father's friends or relatives whom you trust to try to change him.

(iii) Give him some books or tapes in your language that will encourage him to have a good attitude and warn him against the opposite, and give them as a gift using a good approach when you do so. Allaah may make this a cause of his reforming.

We ask Allaah to help you to do that which He loves and which pleases Him.

And Allaah knows best.

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20738: Mut'ah marriage and refutation of those Raafidis who permit it

Question:

Could you please tell if there is such a concept as `temporary marriages'in islam. I would like to know because a friend of mine has read a book by professor Abui Qasim Gourgi and is under the impression that if they are already married it is okay for them to do muta(the name for a temporary marriage according to islamic shariah). His definition for a temporary marriage is that if you like someone it is okay for you to have your nikah read with them for a short period of time. Please could you tell me more about the issue of muta and which schools of thought believe in such an idea (could you support your answer using references from ahadith and quran).

Answer:

Praise be to Allaah.

Mut'ah or temporary marriage refers to when a man marries a woman for a specific length of time in return for a particular amount of money.

The basic principle concerning marriage is that it should be ongoing and permanent. Temporary marriage _ i.e., mut'ah marriage _ was permitted at the beginning of Islam, then it was abrogated and became haraam until the Day of Judgement.

It was narrated from `Ali (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade mut'ah marriage and the meat of domestic donkeys at the time of Khaybar. According to another report, he forbade mut'ah marriage at the time of Khaybar and he forbade the meat of tame donkeys.

Narrated by al-Bukhaari, 3979; Muslim, 1407.

It was narrated from al-Rabee' ibn Sabrah al-Juhani that his father told him that he was with the Messenger of Allaah (peace and blessings of Allaah be upon him) who said, "O people, I used to allow you to engage in mut'ah marriages, but now Allaah has forbidden that until the Day of Resurrection, so whoever has any wives in a mut'ah marriage, he should let her go and do not take anything of the (money) you have given them." Narrated by Muslim, 1406.

Allaah has made marriage one of His signs which calls us to think and ponder. He has created love and compassion between the spouses, and has made the wife a source of tranquility for the husband. He encouraged us to have children and decreed that a woman should wait out the `iddah period and may inherit. None of that exists in this haraam form of marriage.

A woman who is married in a mut'ah marriage, according to the Raafidis _ i.e. the Shi'ah, who are the ones who say that this is permissible _ is neither a wife nor a concubine. But Allaah says (interpretation of the meaning):

"And those who guard their chastity (i.e. private parts, from illegal sexual acts)

Except from their wives or (the slaves) that their right hands possess, for then, they are free from blame;

But whoever seeks beyond that, then those are the transgressors" [al-Mu'minoon 23:5-7]

The Raafidis quote invalid evidence to support their argument that mut'ah is permissible. For example:

(a) They quote the verse in which Allaah says (interpretation of the meaning):

"…so with those of whom you have enjoyed sexual relations, give them their Mahr as prescribed…"

[al-Nisa' 4:24]

They say: this verse indicates that mut'ah is permissible, and the word `their mahr (ujoorahunna _ lit. their dues or their wages)' is evidence that what is meant by the phrase `you have enjoyed sexual relations' is mut'ah.

The refutation of this is the fact that prior to this Allaah mentions the women whom a man is forbidden to marry, then he mentions what is permissible for him, and He commands the man to give to the woman he marries her mahr.

The joy of marriage is expressed here by the word enjoyment (`of whom you have enjoyed sexual relations'). A similar instance occurs in the Sunnah, in the hadeeth of Abu Hurayrah according to which the Messenger of Allaah (peace and blessings of Allaah be upon him) said: "Woman is like a bent rib, if you try to straighten her you will break her. If you want to enjoy her, then enjoy her while she still has some crookedness in her."

Narrated by al-Bukhaari, 4889; Muslim, 1468.

The mahr is referred to here as ajr (lit. dues or wages), but this does not refer to the money which is paid to the woman with whom he engages in mut'ah in the contract of mut'ah. The mahr is referred to as ajr elsewhere in the Book of Allaah, where Allaah says (interpretation of the meaning):

"O Prophet (Muhammad)! Verily, We have made lawful to you your wives, to whom you have paid their Mahr (bridalmoney given by the husband to his wife at the time of marriage)…"

[al-Ahzaab 33:50]

Thus it becomes clear that there is no evidence in this verse to suggest that mut'ah is permissible.

Even if we were to say for argument's sake that this verse indicates that mut'ah is permitted, we would still say that it is abrogated by the reports in the saheeh Sunnah which prove that mut'ah is forbidden until the Day of Resurrection.

(b) The reports that some of the Sahaabah regarded it as being permissible, especially Ibn `Abbaas.

The refutation here is the fact that the Raafidis are following their own whims and desires, because they regard the companions of the Prophet (may Allaah be pleased with them) as kaafirs, then you see them quoting their actions as permissible in this instance and in others.

With regard to those who said that it is permissible, they are among those who did not hear that it had been forbidden. The Sahaabah (may Allaah be pleased with them) _ including `Ali ibn Abi Taalib and `Abd-Allaah ibn al-Zubayr _ refuted Ibn `Abbaas's view that mut'ah was permitted.

It was narrated from `Ali that he heard Ibn `Abbaas permitting mut'ah marriage, and he said, "Wait a minute, O Ibn `Abbaas, for the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade it on the day of Khaybar and (he also forbade) the meat of tame donkeys."

Narrated by Muslim, 1407.

For more information see Questions no. 1373, 2377, 6595.

And Allaah knows best.

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8015: A Muslim is in love with a Hindu girl and wants to marry her

Question:

I have a muslim friend who is in love with a hindu girl.his family being orthodox wont accept this.would it be a sin if i help my friend in getting married with that girl?.

Answer:

Praise be to Allaah.

It is not permissible for a Muslim to marry any non-Muslim woman unless she is one of the people of the Book, i.e., a Jewish or Christian woman. If he does that then his marriage is invalid; that is adultery, not marriage; and he is a sinner who is committing a major sin.

The evidence for that is the words of Allaah (interpretation of the meaning):

"Made lawful to you this day are AtTayyibaat [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 5:5]

So Allaah has permitted the believing men to marry chaste believing women and chaste women from among the People of the Book.

Imam al-Tabari said, commenting on this verse:

"and chaste women from those who were given the Scripture (Jews and Christians) before your time" this means free woman from among those who were give the Scripture, i.e., the Jews and Christians who follow the Tawraat (Torah) and Injeel (Gospel). "Before your time" O believers in Muhammad from among the Arabs and all of mankind. You may marry them also "when you have given their due Mahr" i.e., when you give the mahr or dowry to those whom you marry from among your (Muslim) chaste women or their chaste women.

Tafseer al-Tabari, 6/104

It is not permissible for a Muslim man to marry a Magian (Zoroastrian), Hindu, communist or 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]

Based on this, it is not permissible for you to help him to disobey Allaah. Allaah says (interpretation of the meaning):

"Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression" [al-Maa'idah 5:2]

You should advise him to call her to Islam and explain to her that Allaah has forbidden him to marry her unless she becomes Muslim. If she becomes Muslim, then he can marry her, but if she insists on continuing to follow her religion, then he should fear Allaah and not marry her, and he should be patient in doing so; then Allaah will compensate him with something better, for "Whoever gives up something for the sake of Allaah, Allaah will compensate him with something better."

We ask Allaah to guide us to the straight path and to keep us from slipping.

And Allaah knows best.

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26885: A Sikh girl wants to marry a Muslim man

Question:

hi my name is amandeep sidhu. i am not a muslim but i like a person who is muslim. he said he will get married to me. but he never did for some reason.i have a question for you that why can a sikh and a muslim get married? is it all wright for them to get married?

Answer:

Praise be to Allaah.

First of all, we thank you for your trust in this site. We feel that your sending this message is indicative of your openness to searching for the truth and not to cling blindly to that which you grew up with. This in itself is a blessing and we ask Allaah to complete it for you by bringing you to the truth which will bring you happiness in this world and in the Hereafter. In order to reach that point, we advise you to read about Islam on this website and to think about it, and to be sincere in your search for the truth. Ask the One Who created you from nothing to guide you to the correct path and the right religion. Note that human life cannot be good and proper without a correct religion to give life and that this human soul cannot be stable without a proper relationship with its creator, Allaah. Worship of Allaah is the spirit of life, without which there can be nothing but hardship and misery.

With regard to your question about your getting married to a Muslim, if you embrace Islam and accept it as your religion _ and this is what we ask Allaah to help you to do _ then there is nothing to stop you from marrying him. Your guardian for the purpose of marriage should be your closest Muslim relative; if you have no Muslim relatives then your guardian should be the Muslim judge (qaadi) in the city in which you are living, or someone who is responsible for the Muslim community if there is no Muslim qaadi or sharee'ah court.

You should note that Islamic law (sharee'ah) forbids a Muslim woman to marry a non-Muslim man, no matter what his religion is, and it forbids a Muslim man to marry any non-Muslim woman apart from women of the People of the Book, namely Jews and Christians; no others are allowed. 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. And give not (your daughters) in marriage to AlMushrikoon 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]

This verse makes clear the great wisdom behind this prohibition, which is to protect Muslim men and women from being influenced in religious matters. But because the man is the one who has the final say in the household, he is less likely to be influenced by his wife than in the opposite situation, hence he is permitted to marry a woman from among the People of the Book only [not from other religions], because their disbelief is less serious than that of others, in general, and because they are followers of a previous divine message, even though it has been distorted, so they are different from others. On this basis, it is not permissible for a Muslim to marry a Sikh woman unless she becomes Muslim.

Our advice to you, to which we hope Allaah will open your heart, is that so long as this issue exists, you should make the most of it so that it will be a motive for you to enter Islam, especially since this Muslim man is following his religion. We hope that if you become Muslim, you and he will be able to help one another to be patient and steadfast, because after you become Muslim you will need someone to stand by your side and protect you from those who will not like the fact that you have become Muslim and have left the religion of your forefathers. This is how Allaah tests many of those who enter this pure monotheistic religion, so that it may be a motive for them to remain steadfast, and to show in reality whether they deserve this blessing or not. We ask Allaah to help you find the way to true happiness and to believe in it and adhere steadfastly to it, until it ultimately leads to Paradise as vast as the heavens and the earth. Please also see question no. 3023. Peace be upon those who follow true guidance.

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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26758: He wants to become Muslim in order to marry a Muslim woman

Question:

I was told that if a person was to become a Muslim, to get married to a muslim girl for example, even if not truly out of faith, then it is still accepted by God. Since this way one more person is becoming a Muslim, and especially that his children would be Muslims instead of Christians for example. So what do u say about that?

Answer:

Praise be to Allaah.

The basis of faith is in the hearts, and so the intention plays a major role in Islamic sharee'ah. This is indicated in the hadeeth which the scholars regard as half of the religion of Islam, and with which many scholars begin their books, such as al-Bukhaari (may Allaah have mercy on him) in his Saheeh. He narrated that `Umar ibn al-Khattab said: "I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: "Actions are but by intention and each person will have but that which he intended. So whoever migrated for some worldly purpose or for the sake of a woman whom he could marry, his migration was for the purpose that he intended." (al-Bukhaari, 1). According to the version narrated by Muslim, "So whoever migrated for the sake of Allaah and His Messenger, his migration was for the sake of Allaah and His Messenger, and whoever migrated for some worldly purpose or for the sake of a woman whom he could marry, his migration was for the purpose that he intended." (Muslim, 2530). Based on the above, this matter may be examined from two angles:

The first has to do with the acceptance of this person's Islam by Allaah. The hadeeth indicates that it will not be accepted if this (marrying a woman) is the only intention that he has and faith has not entered his heart.

The second has to do with applying the rulings of Islam to him. If this person utters the Shahaadatayn and follows the teachings of Islam, and does not do anything that would nullify his Islam, then he should be treated like any other Muslim, and his marriage to this Muslim woman may be accepted. That is because we are commanded by sharee'ah to deal with people according to how they appear to be; we are not commanded to enquire into what is in their hearts. It says in the hadeeth of Abu Sa'eed al-Khudri that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: I was not commanded to enquire into what is in people's hearts or to find out their secrets." (al-Bukhaari, 4004; Muslim, 1763).

Perhaps if this person enters Islam, even if it is with this intention, he will look at the perfection of Islam and be encouraged to form a sincere intention, so he will become sincere towards Allaah and become a good Muslim, and Allaah will accept his Islam. Those who are in touch with this person can advise him to make sure that his intention is primarily to seek the pleasure of Allaah and to enter into Islam truly, and his marriage will then be a consequence or a means of his entering into the blessing of Islam, and not an aim in and of itself.

This girl could make marriage to her a means of encouraging him to become Muslim, as happened in the case of Umm Sulaym (may Allaah be pleased with her) and her marriage to Abu Talhah (may Allaah be pleased with him). It was narrated that Anas said: "Abu Talhah married Umm Sulaym, and the dowry between them was Islam. Umm Sulaym had become Muslim before Abu Talhah. He proposed marriage to her and she said, `I have become Muslim; if you become Muslim I will marry you.' So he became Muslim and that was the dowry between them."

(al-Nasaa'i, 3288; classed as saheeh by al-Albaani in Saheeh Sunan al-Nasaa'i, 3133).

With regard to the reason for accepting him _ as mentioned in the question _ being to increase the number of Muslims, this is not correct, because increasing the number of Muslims, even though this is something good and desirable, is not a reason for accepting anyone who claims to be a Muslim but does not really believe in Islam, because Islam is concerned with quality as well as quantity, it is not concerned only with quantity. One person who sincerely believes in the religion is better than a thousand who are lying about it.

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Sheikh Muhammed Salih Al-Munajjid

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22448: He committed adultery with a woman and she married someone else, and the adulterer wants to marry her

Question:

I am in a dilemma . I was contacted by a brother from my home (`muslim') country who had a relationship with a relative of mine (and he informed me of this just now as i had no knowledge of it beforehand) and he claims that they had zina and she may be expecting his baby soon. He was supposed to marry her soon. Recently she was married to someone else and she is here in XXX presently. The brother who contacted me was shocked when he returned from business trip and discovered this. He wishes for me to allow him to contact her, and I wish to advise him to forget her and to repent as she has been playing with him for past couple of years. She also played with me for a while before Allah guided me. I dont think any of the above-mentioned people are practising the deen, probably dont even pray. What would be the responsible and islamic thing for me to do - and should i consult any others?

Answer:

Praise be to Allaah.

Your question includes a number of serious issues, not just one problem. The details are as follows:

1 _ The neglect of prayer on the part of your friend and your relative, who claim to be Muslims. This action is kufr. See Question no. 5208 and 2182. Indeed, you say that they do not practise Islam, and this is disaster upon disaster, kufr upon kufr. We seek refuge with Allaah from that.

2 _ Falling into zina (fornication, adultery), which is forbidden in Islam, as is well known. It is forbidden even in the other divinely-revealed religions.

3 _ Marrying an adulteress when she is pregnant as a result of zina.

4 _ The adulterer seeking to marry an adulteress after she has gotten married to someone else.

Which disaster should we begin with? Which question should we answer? Laa hawla wa laa quwwata illa Billaah (there is no power and no strength except with Allaah).

Let us start with the most serious:

1 _ Kufr as a result of not praying and neglecting all the rituals of Islam.

There is no doubt that kufr (disbelief) dooms one to enter Hell, Allaah says describing the mushrikeen and how they will answer concerning the reason why they entered Hell:

"They will say: `We were not of those who used to offer the Salaah (prayers),

Nor we used to feed AlMiskeen (the poor);

And we used to talk falsehood (all that which Allaah hated) with vain talkers.

And we used to belie the Day of Recompense,

Until there came to us (the death) that is certain'"

[al-Muddaththir 74:43-47 _ interpretation of the meaning]

Ibn Katheer said, commenting on this passage:

" `We were not of those who used to offer the Salaah (prayers)' means ,we did not worship our Lord.

`Nor we used to feed AlMiskeen (the poor)' means, we did not show any kindness to His creation of our own kind (our fellow human beings).

`And we used to talk falsehood (all that which Allaah hated) with vain talkers' means, we used to speak of that of which we had no knowledge. Qutaadah said: (it means), everyone who went astray, we followed him.

`And we used to belie the Day of Recompense'. Ibn Jareer said: we used to deny the Day of Recompense, of reward and punishment; we did not believe in reward, punishment or reckoning.

`Until there came to us (the death) that is certain' means death, as in the aayah, `And worship your Lord until there comes unto you the certainty (i.e. death)' [al-Hijr 15:99]."

But what you have to do is to advise them, establish proof against them and explain to them that what they are doing is destroying the most important pillar of Islam, so they must hasten to repent from neglecting the prayer and all the rituals of Islam. It is not permissible for you to turn a blind eye to one who neglects prayer under any circumstances. Start by advising and guiding him, then shun him and turn away from him, do not greet him, eat his food or sit with him, if that will do him some good. Make him aware of how great his sin is, so that perhaps he will turn back to his Lord and repent.

2 _ Falling into zina (adultery) is a major sin. Allaah says (interpretation of the meaning):

"And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin, and an evil way that leads one to hell unless Allaah Forgives him)"

[al-Isra' 15:32]

The Prophet (peace and blessings of Allaah be upon him) said, "An adulterer, at the time he is committing illegal sexual intercourse is not a believer; and a drinker, at the time he imbibes an alcoholic drink is not a believer; and a thief, at the time of stealing, is not a believer. And a robber who robs (takes illegally something by force) while the people are looking at him, is not a believer at the time he is robbing (taking)." (Narrated by al-Bukhaari, no. 2475).

It is a major sin, and the one who commits this sin is issued with a warning of a painful torment. It says in the great hadeeth about the Mi'raaj (Prophet's ascent to the heavens): "… We went on, and we came to something like a Tannoor (a kind of baking oven, a pit usually clay-lined for baking bread)." I [the narrator] think he said, "In that oven there was much noise and voices." He said, "We looked into it and found naked men and women, and a flame of fire was reaching up to them from underneath, and when it reached them, they cried loudly. I asked them [the two angels], `Who are these people?'…

They [the two angels] said, `We will tell you… those naked men and women whom you saw in a structure resembling an oven, they are the adulterers and the adulteresses."

(Narrated by al-Bukhaari in Baab Ithm al-Zunaah, no. 7047).

Please see also Question no. 11195.

3 _ With regard to the third question, which concerns marrying an adulteress when she is pregnant, it should be noted that "it is not permissible to marry an adulteress until she repents, and if a man wants to marry her, he must wait to make sure that she is not pregnant, which is shown by her having a menstrual period, before he can marry her. If it becomes apparent that she is pregnant, then it is not permissible for him to marry her until she has given birth…" (Fatwa of Shaykh Muhammad ibn Ibraaheem _ may Allaah have mercy on him. See al-Fataawa al-Jaami'ah li'l-Mar'ah al-Muslimah, 2/584)

Based on that, marriage to this woman when she is pregnant from an adulterer is an invalid marriage, and the person who married her has to leave her at once, otherwise he is an adulterer and the hadd punishment for adultery must be carried out on him.

But if he leaves her and she gives birth, and her womb becomes empty, and she repents sincerely, then it will be permissible for him to marry her, after he also repents.

4 _ As for the first man _ the adulterer _ he must also repent to Allaah, and it is not permissible for him to marry her at all, for two reasons:

(i) because they are bother adulterers, and marriage to adulterers is forbidden to believers. See Question no. 11195.

(ii) Because of her relationship with another man.

So he has to forget about her completely, and repent to Allaah from his serious sin. Laa hawla wa laa quwwata illa Billaah al-`Aliy al-`Azeem (there is no power and no strength except with Allaah the Exalted, the Almighty).

O Allaah, guide the misguided Muslims, and help us to turn back to You, O Most Merciful of those who show mercy. Praise be to Allaah, the Lord of the Worlds.

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12914: A Muslim woman wants to marry a kaafir

Question:

I was asked by a Muslim girl who is an american but had been divorced a few times and is off with the Muslim community. She wants to marry a non Muslim but who believes in God. How can I stop her as I know it is not permitted. She says if it is permitted for men, why is it not permitted for women.

Answer:

Praise be to Allaah.

It is not permitted for a Muslim man to marry a mushrik woman, or for a Muslim woman to marry a mushrik man. There are no exceptions to this except for marriage to women of the People of the Book (Jews and Christians), if they are chaste. This is what is indicated by the evidence of the Book of Allaah and the Sunnah of His Messenger (peace and blessings of Allaah be upon him), and this is what the ummah is unanimously agreed upon. It is not permissible for us to oppose the ruling of Allaah with our reasoning. Allaah says (interpretation of the meaning):

"It is not for a believer, man or woman, when Allaah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allaah and His Messenger, he has indeed strayed into a plain error"

[al-Ahzaab 33:36]

This woman has to fear Allaah. Whoever fears Allaah, Allaah will make a way out for him. She should also know that if she marries a non-Muslim man, even if he is one of the People of the Book, this marriage in unacceptable in Islam, rather it comes under the rulings on zinaa (fornication, adultery), because this is an invalid marriage contract.

Shaykh `Abd al-Kareem al-Khudayr (www.islam-qa.com)

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12467: Ruling on marriage contract with one who was not praying then Allaah guided him

Question:

I wonder if you could please answer my question as it worries me alot. My husband didn't pray at the time I got married, three years ago. Although shortly after marriage I convinced him to and he does now. I was wondering whether this marriage is null considering that at the time of the Nikkah, he didn't pray. What can I do now?

Answer:

Praise be to Allaah.

Shaykh `Abd al-`Azeez ibn Baaz (may Allaah have mercy on him) was asked about a marriage contract with one who was not praying then Allaah guided him. He said:

If the wife, like the husband, was not praying at the time of the marriage contract, then the marriage is valid, but if she was praying then the contract must be renewed, because it is not permissible for a Muslim woman to marry a kaafir man, because Allaah says (interpretation of the meaning):

"And give not (your daughters) in marriage to Al Mushrikoon (polytheists, pagans) till they believe (in Allaah Alone)" [al-Baqarah 2:221]

This means that Muslim women should not marry them until they become Muslim, because Allaah says in Soorat al-Mumtahinah (interpretation of the meaning):

"then if you ascertain that they [emigrant Muslim women] are true believers send them not back to the disbelievers. They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them"

[al-Mumatahanah 60:10]

Fataawa Islamiyyah, 3/242-243 (www.islam-qa.com)

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9072: Ruling on a Sunni woman marrying an Ismaili

Question:

I have a question on which lifes of two people depends. I will appreciate deeply from my heart if you could answer this question. And i will be really gald if u keep my name confidential. A friend of mine very deeply loves this guy. Now the problem is the girl is sunni and the guy is ismaili. I would i to know if it is possible for them to get married or does their sects matter that much even though they are both muslim and belief in Allah? .

Answer:

Praise be to Allaah.

It is not permissible for this woman to marry this Ismaili man, because the Ismailis are heretics who are beyond the pale of Islam.

The scholars said concerning their madhhab (school of thought): "It is a way which outwardly is Raafidi but inwardly conceals pure kufr…"

Ibn al-Jawzi said: "What they say is a denial of the Creator and of Prophethood and of the acts of worship, and denial of the resurrection. But they do not manifest this openly at the beginning. Rather they claim that Allaah is true and that Muhammad is the Messenger of Allaah, and that the religion is true. But they say that these concepts have a hidden meaning which differs from the apparent meaning. Iblees has deceived them and has made their way attractive to them."

Similar rulings were applied to other groups besides the Ismailis who follow bid'ah and who were deemed to be kaafirs, such as the Nusayris and the Raafidis. So it is not permitted to marry any of them, or for them to marry any of the Muslims.

It was narrated that Talhah ibn Musarrif (may Allaah have mercy on him) said: "The women of the Raafidis should not be married, because they are apostates."

Shaykh al-Islam (Ibn Taymiyah) said in his discussion of the extreme views of the Raafidis and of the Nusayris and Ismailis concerning `Ali, that all of these kuffaar are worse kaafirs than the Jews and Christians. If one of them does not make an open display of that, then he is one of the munaafiqeen (hypocrites) who will be in the lowest level of Hell, and those who do make an open display of that are the worst of the kaafirs in kufr. And he said: it is not permitted to marry their women, because they are apostates and are the worst kind of apostates.

Concerning the Nusayris he said: the scholars are agreed that it is not permitted to intermarry with them, or for a man to marry his female relative to one of them, or to marry one of their women.

Mutawaatir reports from the righteous salaf indicate that it is forbidden for a Muslim woman from among Ahl al-Sunnah to marry someone from among the followers of bid'ah who has been judged to be a kaafir, and that this type of marriage is null and void.

See Mawqif Ahl al-Sunnah wa'l-Jamaa'ah min Ahl al-Ahwaa `wa'l-Bida' by Dr. Ibraaheem al-Raheeli, 1/377-380

And