Islamic Ruling on Marriage to Kafir or Mushrik
Question: Is it permissible for a Muslim man/woman to marry a Kafir (disbeliever)/Mushrik (polytheist)?
Answer:
All praise is due to Allah.
It is not permissible for any Muslim woman to marry a non-Muslim or Mushrik man, regardless of what religion the man follows.
The evidence for this is the saying of Allah Almighty:
أَعـوذُ بِاللهِ مِنَ الشَّيْـطانِ الرَّجيـم
بِسْمِ اللّٰهِ الرَّحْمٰنِ الرَّحِيْمِ
وَلَا تُنۡكِحُوا الۡمُشۡرِكِيۡنَ حَتّٰى يُؤۡمِنُوۡا ؕ وَلَعَبۡدٌ مُّؤۡمِنٌ خَيۡرٌ مِّنۡ مُّشۡرِكٍ وَّلَوۡ اَعۡجَبَكُمۡؕ اُولٰٓئِكَ يَدۡعُوۡنَ اِلَى النَّارِ ۖۚ وَاللّٰهُ يَدۡعُوۡٓا اِلَى الۡجَـنَّةِ وَالۡمَغۡفِرَةِ بِاِذۡنِهٖۚ
"And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite [you] to the Fire, but Allah invites to Paradise and to forgiveness, by His permission."
(Surah Al-Baqarah, Verse 221)
And also because Islam is superior and no other religion can be superior to it; this is established in the religion of Islam and is an undeniable reality.
Furthermore, it is known to everyone that the man is stronger and powerful, and he holds authority and influence over the family; his command prevails over the wife and children. Therefore, there is no wisdom in a Muslim woman marrying a Kafir man who would issue commands over this Muslim woman and her children. The matter will not stop there; rather, it will reach an even more dangerous extent where there is a probability that the Kafir husband may turn the Muslim woman and her children away from the religion of Islam entirely and raise his children upon Kufr (disbelief).
Therefore, the marriage of a Muslim woman to any non-Muslim man is not permissible until he accepts Islam.
For Muslim men, regarding non-Muslim women, marriage is permissible only with the chaste women of the People of the Book (i.e., Christians and Jews).
The arguments for the permissibility of marrying chaste women of the People of the Book, whether they are Dhimmi (protected citizens) or Harbi (at war/non-treaty), are as follows:
Allah Almighty says:
{وَالْمُحْصَنَاتُ مِنَ الَّذِیْنَ اُوْتُوا الْکِتَابَ مِنْ قَبْلِکُمْ اِذَآ اٰتَیْتُمُوھُنَّ اُجُوْرَھُنَّ مُحْصِنِیْنَ غَیْرَ مُسَافِحِیْنَ وَلَا مُتَّخِذِیْٓ اَخْدَانٍ}
(Surah Al-Ma’idah: 5)
"(And lawful in marriage are) chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers."
The Interpreter of the Qur’an, Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) says:
لَمَّا نَزَلَتْ ہٰذِہِ الْـآیَۃُ :
{وَلَا تَنْکِحُوا الْمُشْرِکَاتِ حَتّٰی یُؤْمِنَّ}
قَالَ : فَحَجَزَ النَّاسُ عَنْہُنَّ، حَتّٰی نَزَلَتِ الَّتِي بَعْدَہَا : {وَالْمُحْصَنَاتُ مِنَ الَّذِیْنَ اُوْتُوا الْکِتَابَ مِنْ قَبْلِکُمْ}، فَنَکَحَ النَّاسُ (مِنْ) نِّسَائِ أَہْلِ الْکِتَابِ
“When this verse was revealed:
{وَلَا تَنْکِحُوا الْمُشْرِکَاتِ حَتّٰی یُؤْمِنَّ}
(Al-Baqarah 2:221)
(And do not marry polytheistic women until they believe),
people refrained from marrying them, until the verse after it was revealed:
{وَالْمُحْصَنَاتُ مِنَ الَّذِیْنَ اُوْتُوا الْکِتَابَ مِنْ قَبْلِکُمْ}
(Al-Ma’idah: 5)
([And lawful in marriage are] chaste women from among those who were given the Scripture before you).
So, people began to marry women of the People of the Book.”
(Tafsir Ibn Abi Hatim, via Tafsir Ibn Kathir: 3/42, and its chain is Hasan, Tahqiq: Salamah)
Who are the People of the Book?
Remember that ‘People of the Book’ refers only to the people of the Torah and the people of the Gospel (Injeel).
As is the saying of Allah Almighty:
{اَنْ تَقُوْلُوْا اِنَّمَا اُنْزِلَ الْکِتَابُ عَلٰی طَائِفَتَیْنِ مِنْ قَبْلِنَا}
(Surah Al-An’am: 156)
"(We revealed the Quran) lest you say, 'The Scripture was only sent down to two groups before us...'"
Therefore, apart from Christians and Jews, marriage is absolutely not permissible with the chaste women of Magians (Zoroastrians), Hindus, Sikhs, Buddhists, and other Kafir nations, unless they become Muslim.
Marriage of the Companions (Sahaba) with women of the People of the Book:
The famous Sunni exegete and Muhaddith, Allama Hafiz Ibn Kathir (may Allah have mercy on him) writes:
وَقَدْ تَّزَوَّجَ جَمَاعَۃٌ مِّنَ الصَّحَابَۃِ مِنْ نِّسَائِ النَّصَارٰی وَلَمْ یَرَوْا بِذٰلِکَ بَأْسًا، أَخْذًا بِہٰذِہِ الْـآیَۃِ الْکَرِیمَۃِ : {وَالْمُحْصَنَاتُ مِنَ
الَّذِیْنَ اُوْتُوا الْکِتَابَ مِنْ قَبْلِکُمْ}، فَجَعَلُوا ہٰذِہٖ مُخَصِّصَۃً لِّلْـآیَۃِ الَّتِي فِي الْبَقَرَۃِ : {وَلَا تَنْکِحُوا الْمُشْرِکَاتِ حَتّٰی یُؤْمِنَّ}، إِنْ قِیلَ بِدُخُولِ الْکِتَابِیَّاتِ فِي عُمُومِہَا، وَإِلَّا فَلَا مُعَارَضَۃَ بَیْنَہَا وَبَیْنَہَا؛ لِـأَنَّ أَہْلَ الْکِتَابِ قَدْ یُفْصَلُ فِي ذِکْرِہِمْ عَنِ الْمُشْرِکِینَ فِي غَیْرِ مَوْضِعٍ، کَمَا قَالَ تَعَالٰی : {لَمْ یَکُنِ الَّذِیْنَ کَفَرُوْا مِنْ اَھْلِ الْکِتَابِ وَالْمُشْرِکِینَ مُنْفَکِّینَ حَتّٰی تَاْتِیَھُمُ الْبَیِّنَۃُ} ( البینۃ 98 : 1)، وَکَقَوْلِہٖ : {وَقُلْ لِّلَّذِیْنَ اُوْتُوا الْکِتَابَ وَالْاُمِّیِّیْنَ ئَ اَسْلَمْتُمْ فَاِنْ اَسْلَمُوْا فَقَدِ اھْتَدَوْا} (آل عمران 3 : 20)1
“A group of the Companions 2married Christian women and saw no harm in it, adhering to this noble verse: {And chaste women from among those who were given the Scripture before you}. They considered this verse as specifying (an exception to) the verse in Al-Baqarah: {And do not marry polytheistic women until they believe}, if it is said that women of the People of the Book are included in its general meaning. Otherwise, there is no contradiction between the two, because the People of the Book are often mentioned separately from the Mushrikeen (polytheists) in other places, as Allah Almighty said: {Those who disbelieved among the People of the Scripture and the polytheists were not to be parted [from misbelief] until there came to them clear evidence} (Al-Bayyinah 98:1). And like His saying: {And say to those who were given the Scripture and the unlearned, ‘Have you submitted yourselves (to Allah)?’ And if they submit [in Islam], they are rightly guided} (Ali ‘Imran 3:20).”
(Tafsir Ibn Kathir: 3/42, Tahqiq: Salamah)
Imam of Ahlus Sunnah, Abu Abdullah Ahmad bin Hanbal (may Allah have mercy on him) says regarding the command of Allah Almighty:
{وَلَا تَنْکِحُوا الْمُشْرِکَاتِ حَتّٰی یُؤْمِنَّ}
مُشْرِکَاتُ الْعَرَبِ الَّذِینَ یَعْبُدُونَ الْـاَوْثَانَ
“This referred to the polytheist women of the Arabs who worshiped idols.”
(Tafsir Ibn Kathir: 1/584)
Sayyiduna Ali bin Abu Talib (may Allah be pleased with him) states:
تَزَوَّجَ طَلْحَۃُ رَضِيَ اللّٰہُ عَنْہُ یَہُودِیَّۃً
“Sayyiduna Talha (may Allah be pleased with him) married a Jewish woman.”
(Al-Sunan Al-Kubra by Al-Bayhaqi: 7/172, and its chain is Hasan)
Abdullah bin Abdur Rahman Ansari Ashhali Tabi’i (may Allah have mercy on him) says:
إِنَّ حُذَیْفَۃَ بْنَ الْیَمَانِ نَکَحَ یَہُودِیَّۃً
“Sayyiduna Hudhayfah bin Yaman (may Allah be pleased with him) married a Jewish woman.”
(Al-Sunan Al-Kubra by Al-Bayhaqi: 7/172, and its chain is Hasan)
Abu Wa’il Shaqiq bin Salamah Tabi’i (may Allah have mercy on him) states:
تَزَوَّجَ حُذَیْفَۃُ یَہُودِیَّۃً، فَکَتَبَ إِلَیْہِ عُمَرُ : خَلِّ سَبِیلَہَا، فَکَتَبَ إِلَیْہِ : أَتَزْعُمُ أَنَّہَا حَرَامٌ، فَاُخَلَِّيَ سَبِیلَہَا؟ فَقَالَ : لَا أَزْعُمُ أَنَّہَا حَرَامٌ، وَلٰکِنْ أَخَافُ أَنْ تَعَاطَوُا الْمُومِسَاتِ مِنْہُنَّ
“Sayyiduna Hudhayfah bin Yaman (may Allah be pleased with him) married a Jewish woman, so Sayyiduna Umar (may Allah be pleased with him) wrote to him saying: ‘Let her go (divorce her).’ He (Hudhayfah) wrote back to him: ‘Do you claim that she is Haram (forbidden), so that I should let her go?’ He (Umar) replied: ‘I do not claim that she is Haram, but I fear that you (Muslims) might interact/marry the unchaste/promiscuous ones among them.'”
(Tafsir Al-Tabari: 4/366, Musannaf Ibn Abi Shaybah: 2/4/157, and its chain is Sahih)
Hafiz Ibn Kathir (may Allah have mercy on him) has declared its chain “Sahih.”
Imam Al-Bayhaqi (may Allah have mercy on him) says:
وَہٰذَا مِنْ عُمَرَ رَضِيَ اللّٰہُ عَنْہُ عَلٰی طَرِیقِ التَّنْزِیہِ وَالْکَرَاہَۃِ
“And this action from Umar (may Allah be pleased with him) was by way of precaution and dislike (Makruh), [not prohibition].”
(Al-Sunan Al-Kubra: 7/280, Dar Al-Kutub Al-Ilmiyyah, Beirut, 2003)
Hafiz Ibn Kathir (may Allah have mercy on him) writes:
قَالَ أَبُو جَعْفَرِ بْنُ جَرِیرٍ رَّحِمَہُ اللّٰہُ، بَعْدَ حِکَایَتِہِ الْإِجْمَاعَ عَلٰی إِبَاحَۃِ تَزْوِیجِ الْکِتَابِیَّاتِ : وَإِنَّمَا کَرِہَ عُمَرُ ذٰلِکَ، لِئَلَّا یَزْہَدَ النَّاسُ فِي الْمُسَلَّمَاتِ، أَوْ لِغَیْرِ ذٰلِکَ مِنَ الْمَعَانِي
“Imam Abu Ja’far bin Jarir (may Allah have mercy on him) said, after narrating the consensus (Ijma’) on the permissibility of marrying women of the People of the Book: ‘Umar (may Allah be pleased with him) only disliked it so that people would not show disinterest in Muslim women, or for other such reasons.'”
(Tafsir Ibn Kathir: 1/583)
Important Clarification
Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) did not consider it permissible to marry women of the People of the Book.
(Musannaf Ibn Abi Shaybah: 2/4/157, and its chain is Hasan)
Actually, Sayyiduna Ibn Umar (may Allah be pleased with them both) considered the verse prohibiting marriage to Mushrik women to be general, and he did not specify (exempt) the women of the People of the Book from it. Whereas all other Companions exempted the women of the People of the Book from this verse, and this is the correct view.
Imam Al-Hakam bin Utaybah (may Allah have mercy on him) considered it impermissible to marry Harbi (those at war with Muslims) women of the People of the Book.
(Musannaf Ibn Abi Shaybah: 2/4/158, and its chain is Sahih)
However, no restriction of Harbi or Non-Harbi is mentioned in the Quran or Sunnah, nor have the Companions stated it.
From all these evidences, it is proven that it is permissible for Muslim men to marry chaste women of the People of the Book, whether they are Harbi or Dhimmi.
“Dhimmi”
Refers to those non-Muslim individuals who reside in an Islamic country by pledging to abide by the laws of that country. These individuals are called “Dhimmi”.
“Harbi”
Refers to those Kafirs with whom there is no treaty of any kind.
Warning (Tanbeeh)
Allah has given permission to marry chaste women of the People of the Book, but at the end of the noble verse, Allah Almighty said:
:”وَمَن یَکْفُرْ بِالِایْمَانِ فَقَدْ حَبِطَ عَمَلُہُ وَہُوَ فِیْ الآخِرَۃ مِنَ الْخَاسِرِیْن”
“And whoever denies the faith – his work has become worthless, and he, in the Hereafter, will be among the losers.” (Surah Al-Ma’idah: 5)
Meaning, while marriage to women of the People of the Book is permissible, it is not a Mustahsan (praiseworthy/preferred) act. This warning is intended to convey that if marrying such a woman of the People of the Book poses a risk of losing one’s faith (Iman), then it will be a deal of great loss. And today, the severe dangers posed to faith by marrying women of the People of the Book need no explanation; every Muslim knows that protecting one’s faith is obligatory (Fard). Therefore, one cannot endanger a Fard obligation for the sake of a permissible act. Hence, its permissibility will remain impracticable until the aforementioned two conditions are met.
Are the People of the Book not Mushrik (Polytheists)??
Regarding the issue of whether the People of the Book (Jews and Christians) are included in the category of Kuffar and Mushrikeen, there is no doubt that they are indeed among the Kuffar and Mushrikeen.
The command of Allah Almighty is:
”وَقَالَتِ الْیَہُودُ عُزَیْْر ابْنُ اللّہِ وَقَالَتْ النَّصَارَی الْمَسِیْحُ ابْنُ اللّہِ ذَلِکَ قَوْلُہُم بِافْوَاہِہِمْ یُضَاہِؤُونَ قَوْلَ الَّذِیْنَ کَفَرُواْ مِن قَبْلُ قَاتَلَہُمُ اللّہُ انَّی یُؤْفَکُونَ’ اتَّخَذُواْ احْبَارَہُمْ وَرُہْبَانَہُمْ ارْبَاباً مِّن دُونِ اللّہِ وَالْمَسِیْحَ ابْنَ مَرْیَمَ وَمَا امِرُواْ ِلاَّ لِیَعْبُدُواْ ِلَہاً وَاحِداً لاَّ ِلَہَ ِلاَّ ہُوَ سُبْحَانَہُ عَمَّا یُشْرِکُون”
“The Jews say, ‘Ezra is the son of Allah’; and the Christians say, ‘The Messiah is the son of Allah.’ That is their statement from their mouths; they imitate the saying of those who disbelieved [before them]. May Allah destroy them; how are they deluded? They have taken their scholars and monks as lords besides Allah, and [also] the Messiah, the son of Mary. And they were not commanded except to worship one God; there is no deity except Him. Exalted is He above whatever they associate with Him.” (Surah At-Tawbah: 30-31)
The question is, if the People of the Book are among the Kuffar and Mushrikeen, then why is it permissible to marry their women?
While Allah Almighty has forbidden marrying Mushrik women, as stated by Allah Almighty:
وَلاَ تَنکِحُواْ الْمُشْرِکَاتِ حَتَّی یُؤْمِنَّ وَلامَۃ مُّؤْمِنَۃ خَیْْر مِّن مُّشْرِکَۃ وَلَوْ اعْجَبَتْکُم”
"And do not marry polytheistic women until they believe, and a believing slave woman is better than a polytheist, even though she might please you."
(Surah Al-Baqarah: 221)
We have already explained above that this verse referred to the Mushrik women of the Arabs.
As Imam of Ahlus Sunnah, Abu Abdullah Ahmad bin Hanbal (may Allah have mercy on him) says regarding the command of Allah Almighty:
{وَلَا تَنْکِحُوا الْمُشْرِکَاتِ حَتّٰی یُؤْمِنَّ}
مُشْرِکَاتُ الْعَرَبِ الَّذِینَ یَعْبُدُونَ الْـاَوْثَانَ
“This referred to the polytheist women of the Arabs who worshiped idols.”
(Tafsir Ibn Kathir: 1/584)
It should be clear that there are two interpretations of “Mushrikah” (polytheist woman) in the noble verse:
- According to some scholars, this verse refers to general Mushrik women (which includes the People of the Book).
- According to others, this verse refers to idol-worshipping women. (This is the view of Sa’id bin Jubayr, Nakha’i, and Qatadah, may Allah have mercy on them).
In the case of the first view, Allah has specified (exempted) the women of the People of the Book from the general ruling of the verse in Surah Al-Baqarah (regarding women who commit shirk) with certain conditions.
According to the second view, different issues are discussed in the two verses; meaning, marriage to idol-worshipping Mushrik women is forbidden, but marriage to the Mushrik women of the People of the Book is not forbidden, because Allah Almighty Himself, after mentioning the Shirk of the People of the Book, gave permission to marry their chaste women.
The summary is that it is Haram (forbidden) for a Muslim to marry a Hindu, Idolater, Communist, or Fire-worshipping Mushrik woman. The wisdom in this is that idolaters, atheists, and fire-worshippers do not believe in any heavenly teaching nor are they bound by it, whereas the women of the People of the Book can be invited to Tawheed (Monotheism) and Risalat (Prophethood) with reference to their own Book.
As He said:
(قُلْ يٰٓاَھْلَ الْكِتٰبِ تَعَالَوْا اِلٰى كَلِمَةٍ سَوَاۗءٍۢ بَيْنَنَا وَبَيْنَكُمْ ) [ آل عمران : ٦٤ ]
"Say, 'O People of the Scripture, come to a word that is equitable between us and you...'"
And due to the man being dominant over the woman, there is a strong hope of them accepting Tawheed.
From this, it is known that when it is permissible to marry women of the People of the Book who commit Shirk, then it is also permissible to marry Muslim women who may be committing Shirk (i.e., through ignorance or bad practices). This is because they accept the Quran and Hadith, and they can be convinced of Tawheed and Sunnah with reference to these sources.
(And Allah Almighty knows best what is correct).
Refernce: https://alfurqan.info/problems/831
