Category: Marriage
Fatwa#: 11534
Asked Country: United Kingdom

Answered Date: May 03,2004

Title: Regarding the question about a Muslim male marrying a Christian/Jewish female

Question

Assalaamu alaykum wa rahmatullaahi wa barakatuh Regarding the question about a Muslim male marrying a Christian/Jewish female on : http://www.islam.tc/ask-imam/view.php?q=11477 you replied that, "The adult male or female does not require the consent of his/her guardian (Wakeel)". But the following link mentions the Prophet (Pbuh) to have stated otherwise : There is no marriage contract except with a walee and two witnesses.(Reported by al-Tabaraani; see also Saheeh al-Jaami, 7558). And : No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf.(Reported by Ibn Maajah, 1782; see also Saheeh al-Jaami, 7298). If the Muslim male marries the Christian/Jewish female without the consent of her father or any guardian (Wakeel/Walee) at-all by going against their wish or marrying secretly (for fear of them refusing and obstructing the marriage) then would not that be considered as the woman conducting the marriage or arranging things on her own behalf just like a zaaniyah ? If so, then would the Nikah be valid ?

Answer

In+principle%2C+marriage+to+a+Christian+%2F+Jewish+female+is+permissible+with+two+conditions%3B%0D%0A1.+She+must+not+be+a+Christian%2FJew+only+by+name%2C+whilst+in+fact+she+follows+no+religion+as+is+the+case+with+many+women+today.+She+must%2C+at+least%2C+believe+in+the+basic+fundamentals+of+Christianity%2FJewish.%0D%0A2.+She+must+not+be+a+Murtadah%2C+i.e.+she+was+previously+a+Muslim%2C+but+later+converted+to+Christianity%2FJewish.%0D%0A%0D%0AHowever%2C+inspite+of+marriage+to+the+Ahl-e-Kitaab+being+permissible+with+its+attached+conditions%2C+it+is+very+strongly+advised+that+a+Muslim+male+should+not+marry+a+Christian%2FJewish+female.+In+this%2C+there+is+protection+of+hids+Deen+and+Dunya+and+similarly+the+protection+of+the+Deen+of+his+children.+In+fact%2C+Hadhrat+Umar+%5BRadhiallaahu+anhu%5D+during+his+Khilaafat+prohibited+marriage+to+Christians%2FJews+because+of+the+many+harms+tha+arise+out+of+such+a+Nikah.+If+this+was+the+case+during+his+reign%2C+how+much+more+precaution+should+be+exercised+in+these+times.+%28Fataawa+Mahmoodiyah+vol.11+pg.159%29%0D%0A%0D%0AIn+regards+to+the+Ahadith+you+have+quoted%2C+the+purpose+is+not+to+show+the+invalidity+of+such+a+Nikah%2Cbut+rather+to+show+that+such+a+Nikah+is+highly+undesirable+and+will+also+be+devoid+of+Barkaat+%28blessings%29.%0D%0A%0D%0Aand+Allah+Ta%27ala+Knows+Best%0D%0A%0D%0AMufti+Ebrahim+Desai

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