MARRIAGE OUTSIDE
ISLAM
Some rules and laws for the Muslim man and
woman.
 |
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:
Department of Social and Welfare and
Darul Ifta
Jamiatul Úlama
(KZN)
Islamic
Information
Source: Jamiatul Ulama (Kwazulu-Natal)