Ban on muslim women marrying kafir (unbeliever)

Can a non-muslim man marry a muslim woman?

It is absolutely not permissible under any circumstances in Islamic law (shari'a) of Allah, the most esteemed and exhalted, for a non-Muslim to marry a Muslim woman, as per what He has said regarding the marriage of a kafir (unbeliever) to a Muslim woman and vice versa: (interpretation of the meaning).
They are not lawful (wives) for the unbelievers, nor are the unbelievers lawful (husbands) for them... (Al-Mumtahina:10)
And Allah the most esteemed and exhalted has also said (interpretation of the meaning):
Nor marry (your girls) to unbelievers until they believe... (Al-Baqara:221)
i.e., it is not ever permissable for someone to marry his Muslim daughter or sister or any Muslim woman for whom he is a guardian to a kafir.
Islam must be exhalted and cannot be subjugated, so how could a Muslim woman be put under the care of a kafir man, when the man is normally naturally in a stronger position? In such a situation he could cause her to corrupt the practice of her religion or force her into subdual by causing her to live a life of oppression with him. He could also prevent her from practicing some of her religious rites. These are among the reasons for the aforementioned ban expressed in the previous ayaat. wallahu a'lam (and Allah is the most knowledgable).

Marrying without her father’s knowledge

I am looking at a lengthy engagement period before my fiance and I am able to financially marry and live together. We would both like to have a nikkah during our engagement so that we are not sinning when we are intimate with each other. However, both of our parents are against this and want us to wait until our marriage reception which is in a year or so. Is it allowed for us to get a nikkah in secret? My second question is, is it ok for us to repeat the nikkah ceremony again during our reception (since our parents won't know of our first nikkah)? Is a double nikkah permissible to the same person? Your help is much appreciated.

Praise be to Allaah.

You will find a detailed answer to your first question under Question #2127. Know also that you can never have a proper marriage contract without your father’s knowledge and consent. Indeed, he or a person designated by him must marry you to the man who has asked for your hand. Once the marriage contract has been made according to Islamic law, meeting all the required conditions, then there is nothing wrong with having more than one waleemah (wedding reception) in more than one place. And Allaah is the source of help.

Ruling on proposing marriage to a girl who is already engaged

Does a brother has any legal bond on a sister he has intentions to Marry? What I actually mean is: a brother is interested in a sister and wants to marry her, however, another brother wants to marry her also but he does not want to engage her as yet (Kitbah). because one brother wants to marry the sister does that mean that the other brother should stay away?

If a person has proposed marriage to a woman, it is not permitted for anyone else to offer a proposal to her, because of the hadeeth of Ibn ‘Umar (may Allaah be pleased with him) which states that the Prophet (peace and blessings of Allaah be upon him) said: “No man should offer a proposal of marriage over the proposal of his brother until the first one gives up or gives him permission.” (Reported by al-Bukhaari, 4746).

There follow quotations from Ibn Hijr’s commentary which will shed more light on the matter:

The majority of scholars said: This amounts to a prohibition… The Shaafi’is and Hanbalis said: it is prohibited when the woman proposed to, or her appointed guardian, has stated that she accepts the offer, but if she has stated that she rejects this offer, it is not prohibited. If the second man does not know the situation, then he is permitted to propose marriage, because the basic principle is that proposing marriage is something permitted… If the woman has not answered either way, it is permitted. Al-Tirmidhi reported from al-Shaafi’i that the meaning of the hadeeth is: if a man proposes to a woman and she likes him and accepts, no-one else should propose to her after that, but if he (the second man) does not know that she liked and accepted that proposal, there is nothing wrong with his proposing to her. The evidence for this is the story of Faatimah bint Qays, who did not tell (the Prophet (peace and blessings of Allaah be upon him)) that she had accepted the proposal of one (of two men who had proposed to her). If she had told him, he would not have advised her to marry someone other than the one she had chosen. If there is no word of acceptance or rejection from the woman, some of the Shaafi’is say that it is definitely permitted… Al-Shaafi’i said that in the case of a virgin, her silence indicates her acceptance of a suitor.

The hadeeth was interpretated as meaning that if the first man to propose gives permission to the second, it is no longer prohibited for him to propose. … It was reported from Ibn al-Qaasim, the companion of Maalik, that if the first suitor is immoral, a chaste man is permitted to propose over his proposal. Ibn al-‘Arabi said that this was correct… This is applicable if the woman is chaste, because an immoral man would not be compatible for her, and his proposal would be like no proposal at all.

The phrase “until he marries her”* means until the first suitor has gone ahead and married her, so that anyone else will realize that there is no longer any point in proposing; “or gives up” means that the first suitor decides not to go ahead, in which case it is permitted for the second to offer his proposal.

* Please note these words are in another Rewaaya…

Family problems because a Muslim woman wants to marry a Christian man

I am a muslim women who want's to marry a christain man I am not a relgious person but, my family is and I am having a very hard time this matter. I've known this person for ten years. My parents are not really religious but my father is afraid of his mother and what they are going to say about his daughter marrying a christian man. my husband to be has converted to the islamic religion but according to my partents and family this is not good enough. please help what should i do. my husband to be is aware of childeren and also is aware that they will be taught the islamic religion.

Praise be to Allaah.

It is regrettable indeed that anyone would fail to adhere to the religion which Allaah has commanded us to adhere to. What is even more distressing is the fact that a Muslim woman would have a relationship (of any kind) with a non-related Christian man for ten years, when she knows that this is something which angers Allaah, Who has forbidden believing women to do such things in the Qur’an (interpretation of the meaning): “… they should be chaste, not adulterous, nor taking boyfriends…” [al-Nisaa’ 4:25]. Equally upsetting is the fact that what this Muslim girl’s father fears most – with regard to the marriage described – is not Allaah, but what his mother will say and how his reputation among his relatives will be affected.

In any case, there is no way out of this problem now except one: this man must become Muslim in a real sense, and start to practise Islam, and he and this girl should repent for what they have done. Then marrying him will be permissible, and what people may say does not matter, so long as everything is done in accordance with Islam and in a way that will not earn the anger of Allaah; the matter can also be explained to close relatives. If this is not possible, then the relationship with this man should be cut completely, and all thought of him should be dismissed from one’s mind. If, my sister, you feel that there is some harshness in this answer, then by Allaah it is only in your best interests and out of concern for you. We ask Allaah to accept our repentance and have mercy on us, for He is the One Who accepts repentance and is All-Merciful.

Its the responsibility of every Moslem in learning quran and read tajweed and we also must teach our kids Quran and not only the Quran teaching we should let then begin to see the basic of Islam and why it was reviled you bet it was railed and truth teaching of holy Quran and with tajweed quran we read Quran we can understand better all the responses that are involved if we study koran from a qualified Quran tutor he will let you know verity heart of Islam and why koran was reviled for it we should gain the information of the Word of God with there translation and the context of when those verses were reviled and why and that is only potential when we carry on with not simply learning quran for beginners but gaining the information of Quran tafseer and one inquiry that we all needs to ask our self that why we all are here in the world to do good acts or to do bad humen action to promote correct or to promote incorrect and will we be answerable to any one after this life of not then the interrogation remains the identical that the reasons why we are here in the world but if yes then whom we have to reply is there any Maker All these reply exist when we go deep in to the Quran education do Quran reading and the so let us connect hands to full fill our job. We all must do quran memorization and listen to quran online when ever we have time to stay in touch

 

Ruling on marrying a woman who has no religion

Is it permissible for a Muslim man to marry a woman who professes no faith or "deen" at all -- an "agnostic"?

Praise be to Allaah.

This is not permitted at all, because Allaah says (interpretation of the meaning): “… they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them…” [al-Mumtahinah 60:10]. An exception is made in the case of chaste women of the People of the Book (Jews and Christians), because Allaah says (interpretation of the meaning): “(Lawful to you in marriage) are … and chaste women from those who were given the Scripture (Jews and Christians) before your time…” [al-Maa’idah 5:5]. And Allaah knows best.

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

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?

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.

A Sikh girl wants to marry a Muslim man

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?

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 Al-Mushrikoon 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.

He got to know a girl through the internet and he wants to marry her but her father is refusing

I am a Muslim Arab youth. I got to know a Muslim girl of Arab origin who lives overseas, through the internet. It was – and still is – a relationship within the limits of the laws of Allaah, because, praise be to Allaah, I fear Allaah a great deal. I love her and she loves me because she is a committed Muslim girl, and she also fears Allaah. Our love is for the sake of Allaah, in sha Allaah. 
I proposed marriage to her, and she accepted and agreed, and I praised Allaah for answering my du’aa’ by blessing me with a righteous wife, especially since I have wanted to get married and settle down for a number of years. She told her mother, who is a non-Arab, and she agreed at first, because her father had been away from them from a while. Her father recently returned, and she was happy, but he had come to tell his daughter to get ready to marry a man from her father’s country, without asking his daughter’s opinion of the prospective groom. She is afraid of him because he beats her sometimes, and she sometimes says that he is crazy; may Allaah guide us and him. 
She told me that she does not want to marry this man and that she wants to marry me, and I told her the same thing. She said to me: What do you think of marrying me in secret, then we tell her father what has happened. She is over 18 years of age.

Praise be to Allaah.  

You should note that Allaah sees and knows all that you do. 

“Allaah knows the fraud of the eyes, and all that the breasts conceal”

[Ghaafir 40:19 – interpretation of the meaning] 

You should also note that you have done something that is not permissible according to sharee’ah, which is corresponding and speaking to one another. You have seen how the relationship between you developed until the Shaytaan was able to deceive you and make your relationship appear to you to be “love for the sake of Allaah”. 

Secondly: 

We know that love is the matter of the heart, and that a person is not to be blamed for that over which he has no control. But he is to be blamed fully for the things that led him to enter into this relationship, such as forbidden glances, or words spoken in secret over the phone or via the internet, and other footsteps of the Shaytaan which he wants to people to follow and fall into evil ways. Allaah says (interpretation of the meaning): 

“O you who believe! Follow not the footsteps of Shaytaan (Satan). And whosoever follows the footsteps of Shaytaan (Satan), then, verily, he commands Al-Fahsha’ [i.e. to commit indecency (illegal sexual intercourse)], and Al-Munkar [disbelief and polytheism (i.e. to do evil and wicked deeds; and to speak or to do what is forbidden in Islam)]. And had it not been for the Grace of Allaah and His Mercy on you, not one of you would ever have been pure from sins. But Allaah purifies (guides to Islam) whom He wills, and Allaah is All-Hearer, All-Knower”

[al-Noor 24:21] 

He is also to be blamed for getting carried away in a matter in which the beginning is haraam and the end of which is an invalid marriage. 

But it has gone this far, and the relationship between you has reached the stage that you describe, so now it is up to the girl and her family. If the woman can convince her father not to marry her off to someone whom she dislikes, and she and her mother can convince him to let her marry you, and she is – as you say – qualified for marriage, then you should follow the steps outlined in sharee’ah of asking her father or her guardian for her hand in marriage. If you see that the path to marriage is blocked, then it is not permissible for you to carry on with this relationship. Whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than it. It may be better for her to marry someone other than you, and it may be better for you to marry someone other than her. 

“and it may be that you dislike a thing which is good for you and that you like a thing which is bad for you. Allaah knows but you do not know”

[al-Baqarah 2:216 – interpretation of the meaning] 

If what this girl says about her father is true and he is insane – but we do not think that he really is insane in the sense that his rights of shar’i guardianship over her are waived and he is not fit to take charge of the affairs of his dependents – or he is denying her the right to marry one who is compatible with no legitimate shar’i excuse, then in that case the role of guardian is transferred to the next closest guardian, so it moves from the father to the grandfather, for example. This matter is discussed in detail in the answer to question no. 7193. 

As for thinking of getting married in secret, without her guardian’s permission, this will only make matters even worse. May Allaah protect us and you from the causes of His wrath and punishment. 

Do you not know that the Prophet (peace and blessings of Allaah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid,” three times. Narrated by Abu Dawood, 2083; classed as saheeh by al-Albaani in Saheeh Abi Dawood. So how can you think of this invalid marriage that is not pleasing to Allaah and His Messenger, and then claim that your love is for the sake of Allaah? 

Do you not know that the Prophet (peace and blessings of Allaah be upon him) commanded that marriages be announced publicly? He said: “Announce marriages publicly.” Narrated by Ahmad from the hadeeth of ‘Abd-Allaah ibn al-Zubayr. Al-Albaani said: (it is) hasan. 

He made this public announcement the factor that distinguishes a halaal marriage from haraam fornication, and said: “What distinguishes between haraam and halaal is the daff and voices (raised in song).” Narrated by al-Tirmidhi, 1088; classed as hasan by al-Albaani in Saheeh al-Tirmidhi. 

Imam al-Baaji (may Allaah have mercy on him) said in Sharh al-Muwatta’: There is no dissent concerning the fact that marriage in secret is forbidden, because it is similar to zina which is also done in secret… hence it is prescribed to celebrate marriages and give wedding feasts, because that is a public announcement of the marriage. 

He also said:  Every marriage in which the witnesses are sworn to secrecy is a secret marriage, even if there are many witnesses. 

Look at what you two are claiming. Is it a permissible marriage as prescribed by Allaah and His Messenger, or it is the matter of whims and desires and zina, and the footsteps of the Shaytaan? 

Beware before you both slip and fall, and build your lives on a shaky foundation. May Allaah keep us and you safe from the Fire of Hell. 

But if the father of this girl wants to arrange her marriage against her wishes, neither the father nor any other guardian, has the right to force his daughter to marry someone she dislikes, as is explained in questions no. 26852, 7193, 22760.  But this is nothing to do with you, and you are not responsible for that. So leave her and her guardians alone. If is not decreed for you two to marry, and you withdraw from her life, as is required of you in that case, then perhaps she will see that this suitor or someone else is the right husband for her. May Allaah make us and you rich (independent of means) by His bounty. And Allaah is the Source of strength.

Ruling on a Muslim woman marrying a Shi’i

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.

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 Al-Mushrikoon 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.

Mut’ah marriage and ‘urfi marriage

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?.

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.

What is the Qadiani (Ahmadiyyah) sect? Is it permissible for a Muslim to marry one of them?

I just wana know about Ahmedi Fiqqah. the reason is that one of my friend start loving an Ahmedi, though i told him that its wrong but he is so much involve now. i just want the answer so that i fwd him.

Praise be to Allaah.

In the answer to question no. 4060 we have explained that this group, which is known as Ahmadiyyah or Qadianiyyah, the followers of Mirza Ghulam Ahmad, are kaafirs. In that answer you will find a discussion of their kaafir beliefs and what the scholars have said about them.

Based on this, it is not permissible for a Muslim to marry one of them or to give his daughter in marriage to them, because they are kaafirs and apostates, and 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 Al‑Mushrikoon 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] 

al-Sa’di (may Allaah have mercy on him) said in his Tafseer (p. 99): 

i.e., do not marry mushrik women so long as they still believe in shirk, until they believe, for a believing woman, no matter how ugly she is, is better than a mushrik woman, no matter how beautiful she is. This is general in meaning and includes all mushrik women. The verse in Soorat al-Maa'idah is more specific and permits marriage to women of the people of the Book, as Allaah says: “(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” [al-Maa’idah 5:5]…  

Then Allaah mentions the wisdom behind the prohibition on the marriage of a Muslim man or woman to one whose beliefs differ from theirs, as He says: “Those (Al-Mushrikoon) invite you to the Fire” i.e., by their words, actions and circumstances, and the one who mixes with them faces danger from them. The danger is not in any worldly sense; rather the danger is eternal doom. End quote. 

If this friend of yours is in a haraam relationship, then you must explain to him that this relationship is haraam and that it is not permissible for a Muslim to be alone with a non-mahram woman, or to shake hands with her or correspond with her, and that he cannot end this relationship by getting married because it is haraam to marry apostate women. He should look for a wife who is religiously committed and can help him to protect his religious commitment and to obey his Lord, and whom he can trust with his children. 

And Allaah knows best.

Its the responsibility of every Moslem in learning quran and tajweed and we also have to teach our kids Quran and not only the Quran teaching we should let then start to see the basic of Islam and why it was reviled you bet it was railed and verity teaching of holy Quran and with tajweed quran we read Quran we can understand better all the responses that are asked if we study koran from a qualified Quran tutor he will let you know verity core of Islam and why koran was reviled for it we should gain the ability of the Holy Writ with there translation and the context of when those verses were reviled and why and that is only potential when we carry on with not simply learning quran for beginners but gaining the ability of Quran tafseer and one query that we all is needed to ask our self that why we all are here in the world to do good acts or to do bad humen activity to promote correct or to promote incorrect and will we be answerable to any one after this life of not then the interrogation remains the identical that the reasons why we are here in the world but if yes then whom we have to reply is there any Lord All these reply exist when we go deep in to the Quran education do Quran reading and the so let us unite hands to full fill our task. We all must do quran memorization and listen to quran online when ever we have time to stay in touch

Ruling on customary (‘urfi) marriage – and is it permissible for the wife to move to another wali at whim?

My country is fool of aglomerations of evils,this is worse on university campuses, for this reason students want to get married before graduation, the parents are the biggest problem.As for the male we hear that they do not need the permission of thier waliy, as for female we excape this by making a proposal, if the father gives an unislamic reason(e.g i don't want you to marry now,I don't like his tribe,I am not please with his jumping trouser or beard keeping or his religion when the brother is an upright sunni and the sister's waliy is not) then we abandon him for the grandfather or the brother.If they also refuse then we go ahead with the marraige with the amir of our society (MSS;muslims student society) Please is this correct, how is it done. Please explain everything about this act because it is the only way out, and already very common around us , if it is wrong what should those that have done it now do .(some of them now have kids).

Praise be to Allaah.

Firstly: 

It is not permissible for a Muslim woman to get married without the permission of her wali (guardian), rather it is essential for her to have a wali who will get her married, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage without a wali.” Narrated by Abu Dawood, 2085; classed as saheeh by Shaykh al-Albaani. And he (peace and blessings of Allaah be upon him) said: “Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid.” Narrated and classed as hasan by al-Tirmidhi, 1102; Abu Dawood, 2083; Ibn Maajah, 1879 – from the hadeeth of ‘Aa’ishah. Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel, 1840. 

Al-Tirmidhi said, commenting on that: 

This is the principle that was followed by the companions of the Prophet (peace and blessings of Allaah be upon him), including ‘Umar ibn al-Khattaab, ‘Ali ibn Abi Taalib, ‘Abd-Allaah ibn ‘Abbaas, Abu Hurayrah and others. Thus it was narrated that some of the fuqaha’ of the Taabi’een such as Sa’eed ibn al-Musayyib, al-Hasan al-Basri, Shurayh, Ibraaheem al-Nakha’i, ‘Umar ibn ‘Abd al-‘Azeez and others said: There is no marriage except with a wali. This is also the view of Sufyaan al-Thawri, ‘Abd-Allaah ibn al-Mubaarak, Maalik, al-Shaafa’i, Ahmad and Ishaaq. End quote. 

In the answer to question no. 2127 you will find an important summary of the conditions and essentials of marriage, and the conditions to be met by the wali. 

In the answer to question no. 7989 there are further important details concerning the importance of having a wali in order for the marriage to be valid. 

Secondly: 

Allaah has commanded walis to marry off the women who are under their care, and not to mistreat them by preventing them from getting married for no legitimate reason. Allaah says (interpretation of the meaning): 

“And marry those among you who are single (i.e. a man who has no wife and the woman who has no husband) and (also marry) the Saalihoon (pious, fit and capable ones) of your (male) slaves and maid‑servants (female slaves). If they be poor, Allaah will enrich them out of His Bounty. And Allaah is All‑Sufficient for His creatures’ needs, All‑Knowing (about the state of the people)”

[al-Noor 24:32] 

Similarly, the Prophet (peace and blessings of Allaah be upon him) commanded walis not to prevent the marriage of the woman whom Allaah has placed under their care if a suitor whose religious commitment and character are good comes to propose marriage. He 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 and widespread mischief in the land.” Narrated and classed as hasan by al-Tirmidhi, 1084. Classed as hasan by al-Albaani in Irwa’ al-Ghaleel, 1868). 

Both the verse and the hadeeth quoted point clearly to two things: 

1 – The command to arrange the marriage is addressed to the wali, which indicates that the matter has to do with him and the nikaah cannot be done unless he is involved in giving his female relative or ward in marriage to the one who has proposed marriage. The ahaadeeth that we have quoted clearly indicate this and support it. 

2 – It is not permissible for a wali to mistreat his ward and deny her her right to marriage; that is a kind of mistreatment that leads to great fitnah that affects both religious commitment and worldly interests. 

If both the woman and her wali act in accordance with this, the security of the family will be achieved and a great deal of evil will be removed from matters of religion and morals. 

But if the wali refuses to give her her rights to marriage with no legitimate reason, it is permissible for her to move to another, more distantly-related, wali, such as her older brother, paternal uncle or grandfather, so long as that is done on the orders of the shar’i qaadi, and not by her or by her walis. If there is no wali from her family, it is permissible for the qaadi or someone who is in a similar position to act as her wali and arrange her marriage, because it is narrated that ‘Aa’ishah (may Allaah be pleased with her) said: The Prophet (peace and blessings of Allaah be upon him) said: “Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid, and if there is a dispute then the person in authority is the wali of the one who has no wali.”  

Based on this, there is no sin on a woman whose wali denies her her right to marriage if she refers the matter to the Muslim qaadi and appoints her grandfather, paternal uncle or older brother as her wali. 

Shaykh Saalih al-Fawzaan was asked about a similar issue and he replied: 

It is not permissible for a woman to arrange her own marriage. If she arranges her own marriage, then her marriage is invalid according to the majority of scholars, both ancient and contemporary. That is because Allaah, may He be exalted and glorified, addresses walis with regard to the issue of marriage and He says (interpretation of the meaning): 

“and (also marry) the Saalihoon (pious, fit and capable ones) of your (male) slaves”

[al-Noor 24:32] 

And 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…” And he (peace and blessings of Allaah be upon him) said: “There is no marriage without a wali and two witnesses of good character.” 

With regard to what the questioner mentions about having read in some books of fiqh that a woman may arrange her own marriage, this is the weaker view, and the correct view is that which is supported by evidence that indicates the opposite.  

With regard to what she says about her situation and that her opinion goes against her father’s, because her father wants her to marry a man who is of good lineage and status and is compatible with her, whereas she does not think that is important, and rather she is inclined towards marrying a man who she thinks is religiously committed, even if he is not of good lineage and status or compatible with her, her father is in the right in this case, and her father is more far-sighted. She may imagine that this person is good for her when in fact he is not good for her, and she has no right to go against her father’s wishes so long as he is looking out for her best interests. If it happens that another person is good for her and is compatible with her in status, lineage and religious commitment, but her father refuses to give her to him in marriage, then in that case he is being unjust in preventing the marriage, and the role of wali then passes to the next closest guardian among her relatives. But in this case it is essential to refer the matter to the qaadi so that the guardianship may be passed from the unjust father to another wali. Neither she nor any of her other walis has the right to conduct her marriage without the approval of her father. It is essential to refer the matter to a Muslim qaadi who will examine the matter and assess the situation. If he thinks that the guardianship should pass to someone else, he will transfer it, according to what is best. It is essential for things to be done properly with regard to marriage. End quote. 

Al-Muntaqa min Fataawa al-Shaykh al-Fawzaan, 5/242, 243 

Thirdly: 

Whoever gets married in a manner that is not Islamically acceptable, such as a woman who gets married without a wali, her marriage is invalid and the couple must be separated immediately. The children are to be attributed to the man who married the woman, if they thought that what they did was permissible, but if they knew that their marriage was invalid, then the children must be attributed only to their mother. 

This invalid marriage leads to many negative consequences, such as: loss of the woman’s rights, because there is no proof of this marriage, so her entitlement to the mahr is not proven, nor is she entitled to maintenance. It also leads to the spread of immorality and corruption in society, especially among students, since it is possible, by means of these false contracts, for every pregnant woman or every man and woman who are found in a dubious situation, to claim that they are married by means of customary marriage. It also means that it is not possible to prove the children’s lineage in such a marriage, which means that they and their lineage will be lost.  

The way to set this matter straight is to go to the wali and tell him frankly what has happened, then to do the marriage contract again, with his agreement. If he does not agree, then they should be separated. 

And Allaah knows best.

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

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

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.