Marrying a non-Muslim male
Question:-
1. Does the Shariah permit a Muslim woman to marry a non-Muslim male?
2. What is the status of the children born from such a union?
3. Does the Muslim woman inherit from her parents if they happen to pass away?
4. Should the girl’s family cut ties with her? Please advise!
5. The husband claims to be a Muslim but doesn’t pray or fulfill any of his Deeni obligations. He also states that he will turn away from Deen if he is pressurized from the girl’s family.
Answer:-
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The Nikah of a Muslim woman to a non-Muslim man is invalid and unacceptable in Islam.
شرعیت مطہرہ میں مسلمان عورت کا نکاح غیر مسلم مرد سے نہیں ہوسکتا ، لھذا یہ نکاح غیر معتبر ہے (فتاوی دار العلوم زکریا ص۶۰۶ ج۳)
فَصْلٌ وَمِنْهَا إسْلَامُ الرَّجُلِ إذَا كانت الْمَرْأَةُ مُسْلِمَةً فَلَا يَجُوزُ إنْكَاحُ الْمُؤْمِنَةِ الْكَافِرَ لِقَوْلِهِ تَعَالَى { وَلَا تُنْكِحُوا الْمُشْرِكِينَ حتى يُؤْمِنُوا } وَلِأَنَّ في إنْكَاحِ الْمُؤْمِنَةِ الْكَافِرَ خَوْفَ وُقُوعِ الْمُؤْمِنَةِ في الْكُفْرِ لِأَنَّ الزَّوْجَ يَدْعُوهَا إلَى دِينِهِ وَالنِّسَاءُ في الْعَادَاتِ يَتْبَعْنَ الرِّجَالَ فِيمَا يؤثروا ( ( ( يؤثرون ) ) ) من الْأَفْعَالِ وَيُقَلِّدُونَهُمْ في الدِّينِ إلَيْهِ وَقَعَتْ الْإِشَارَةُ في آخِرِ الْآيَةِ بِقَوْلِهِ عز وجل { أُولَئِكَ يَدْعُونَ إلَى النَّارِ } لِأَنَّهُمْ يَدْعُونَ الْمُؤْمِنَاتِ إلَى الْكُفْرِ وَالدُّعَاءُ إلَى الْكُفْرِ دُعَاءٌ إلَى النَّارِ لِأَنَّ الْكُفْرَ يُوجِبُ النَّارَ فَكَانَ نِكَاحُ الْكَافِرِ الْمُسْلِمَةَ سَبَبًا دَاعِيًا إلَى الْحَرَامِ فَكَانَ حَرَامًا (بدائع الصنائع ص271 ج2)
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Due to the invalidity of such a Nikah, the child born from the union will be considered as illegitimate and will be attributed to the mother.
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The Muslim woman will inherit from her parents as long as she remains a Muslim and doesn’t regard marrying a non-Muslim man as Halaal at any stage. However, she will be regarded as sinful for living with a non-Muslim man in Zinah.
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We advise that the girl’s parents shouldn’t cut off ties with their daughter. There is a danger of her embracing the non-Muslim faith if her husband’s family becomes supportive towards her, and her own family has severed all ties with her. We therefore suggest that her family should display good character towards her at all times, and keep up their relationship with her with the sole intention of winning her over. Those that are extremely close to her should gradually advise her until she corrects all her matters.
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We have provided the above answers based on the questions posed to us ie. the husband happens to be a non-Muslim. However, you have mentioned at the end of your query that the husband claims to be a Muslim and even states that Islam is the correct religion. Yes, we do understand that he may not be fulfilling his religious obligations nor is there any apparent sign of Islam visible on him. He also threatens to leave the Deen of Islam if he is pressurized into following the Deen, which again is an indication of him being a Muslim. If this is the case, and he has embraced Islam in reality by reciting the Shahaadah, then he will be considered to be a Muslim. Yes, he will be a transgressor and sinner for not adhering to the injunctions of the Shariah, but he cannot be regarded as a Kaafir. It is not always the case that a new Muslim follows the Deen with great zeal and enthusiasm as you have stated. From our understanding, it seems that he embraced Islam for the sake of marriage, but that too is a bounty of Almighty Allah. When Allah Ta’ala opens the doors of Hidayah upon him and guides him, then he too will be a good practicing Muslim Insha’Allah.
Notwithstanding the above, we cannot sit complacent and simply wait for change to occur. We should all engage in fervent Dua for the change of this individual, fast, give Sadaqah, etc. with the intention of his Hidayat. Secondly, get some experienced, senior Jamaat brothers or Ulama to develop a relationship with him and guide him along. He may not be open to accepting advice from his in-laws but may be open to non-family members. In conclusion, the girl should not terminate her marriage immediately but should try to resolve the matters at hand by assisting him to become a better Muslim. If after making a concerted effort there is no hope of him changing, then she may consider parting ways, as his negative behavior will definitely have an adverse effect on the children, and there is a possibility of the wife also becoming lax in matters of Deen in such an environment. May Allah Ta’ala guide you to deal with the matter at hand correctly. Ameen!
ALLAH TA’ALA KNOWS BEST!