A Shia woman cannot marry a Sunni man?

April 23, 2018 by Admin Posted in All Q&A, Islamic Laws, Marriage Tagged Ahlul Kitab, Marriage, Mutah, Non-Muslim, Permanent, Rashidah, Shia, Sunni, Temporary, Wali

Question 612: Salam, I am a sunni Muslim and married too, I am in love with one girl she is Ahle Tashi, can you tell me what is the process of doing Muta? Please keep in mind she doesn’t have father or any other Wali over here, she is alone living with her mother and sister. Please guide me.

Answer 612: Islam has introduced temporary and permanent marriage as the legitimate ways of fulfilling one’s needs and desires. Temporary marriage refers to the marriage of a man and woman who have no barriers for doing so. It takes place with the consent of both sides of the contract and a specified dowry and timeframe. According to Islam, the validity of temporary marriage is contingent upon certain criteria being met, namely getting the father’s (and in the case of not having a father, the paternal grandfather’s) consent if the girl is a virgin. If the girl isn’t a virgin and has lost her virginity through legitimate marriage, her father’s consent is no longer a condition, but if it has been lost as a result of shubhah intercourse (mistaken/confused/accidental intercourse) or illegitimate intercourse (adultery), it is a preferred precaution to get the father’s consent^[1] (although it still isn’t mandatory). Also, if a girl wants to get married (temporarily or permanently) and neither has a father nor a paternal grandfather, there will no longer be any need for permission from anyone else (regardless of whether she is a virgin or not).^[2]

Nevertheless, the marriage of a virgin girl who hasn’t reached rushd (the stage in which one can distinguish between good and bad and can tell what is to his/her benefit) without the permission of her father is void.”^[3]

Ayatollah Sistani (ha) says: If a woman is over thirty years of age, and still virgin, and she is not independent, it is obligatory on her to seek the permission of her guardian for marriage. Rather, even if she is independent, she must seek his consent, as a matter of compulsory precaution.[4]

As for the marriage of Shia men with Sunni women, there are different viewpoints on the issue in fiqh; the famous verdict being that it is permissible,^[5] especially when there are chances of the guidance of the woman to Shiism and the Ahlul-Bayt’s school of thought.

The viewpoints of Shia scholars regarding the marriage of Shias with Sunnis are as follows:

Ayatollah Fazel Lankarani (ra): The marriage of a Muslim woman with a Non-Muslim man is batil (void), the marriage of a Shia woman with a Sunni man is makruh, the marriage of a Muslim man with a Non-Muslim woman is also void unless the marriage is a temporary one (mutah), and the marriage of a Shia man with a Sunni woman is okay.

Ayatollah Bahjat (ra): Temporary marriage with the People of the Book (Ahlul-Kitab) is correct and as an obligatory precaution it isn’t permissible to perform the marriage contract of a Shia girl or woman and Sunni man.

Ayatollah Sistani (ha): Getting married to the People of the Book isn’t permissible as an obligatory precaution. On the other hand, it is okay to get married with Sunnis if there isn’t any fear of going astray and losing Shia beliefs as a result.

Ayatollah Makarem Shirazi (ha): It isn’t permissible for a Muslim to get married to a Non-Muslim, while it is okay for Shia men to get married to Sunni women, but taken into consideration that there are chances of going astray for Shia women getting married to Sunni men, such a marriage isn’t permissible.

Note: Marriage between Shias and some “Muslim” sects such as: The Ghulat, The Nasebis and The Khawarij, who falsely claim themselves Muslim, but in reality are Kafirs, isn’t permissible.

For further information in this regards, please refer to the following answer:

Index: Permanent or Temporary marriage of a married man without the permission of his wife, answer 565.

Index: Rules regarding temporary or permanent marriage with people of the book, answer 080.

Index: Premarital relation with non-Mahram is impermissible, answer 082.

Index: Looking at non-Mahram Body for Marriage, answer 611.

Index: A Shia Muslim woman cannot marry a non-Muslim man, answer 342.

Index: Essential Requirements of a Successful Marriage in Islam, answer 515.

Index: A Muslim Woman Cannot Marry a Non-Muslim Man, answer 576.

[1] Tawdihul-Masa’ele Maraje’, vol. 2, pg. 459, issue 2377.

[2] Tawdihul-Masa’ele Maraje’, vol. 2, pg. 387, issue 2376.

[3] Question 1483 (website: 1530).

[4] . The official website of Sayyid Sistani (ha), Q&A: Permanent Marriage.

[5] Naser Makarem Shirazi (kharej fiqh lessons on nikah [marriage], academic year 1381-1382 on his official website); Seyyid Sadiq Rohani, Fiqhul-Sadeq, vol. 21, pg. 469, from the software of this book from the institute of Al-Imam Al-Rohani.

A Shia Muslim woman cannot marry a non-Muslim man

April 21, 2018 by Admin Posted in All Q&A, Islamic Laws, Marriage, People of the Book Tagged Ahlul Kitab, Marriage, Muslim, Non-Muslim, Woman

Question 342: A/S. Is it permissible for a shia divorced woman to marry a non-Muslim. If she married a Catholic and she will not be deterred to practice her shia faith, is it allowed? You think a Shia Muslim woman cannot marry a non-Muslim man?

Answer 342: In the Holy Quran Allah (SWT) says: “… And do not give (believing women) in marriage to idolaters until they believe And certainly a believing servant is better than an idolater, even though he should please you These (idolaters) invite to the Fire And Allah invites to the garden and to forgiveness by His will And makes clear His communications to men, that they may be mindful”.[1]

According to all maraja’ (ha), as for a Muslim woman, she is not allowed to marry a non-Muslim man at all. In this regards, there is no difference in permanent or temporary marriage, weather the man allows her practicing Shia faith or not.

If a Muslim woman has realized that her husband is non-Muslim their marriage contract is void and she must separate from him.[2]

Index: Essential Requirements of a Successful Marriage in Islam, answer 515.

Index: Rules regarding temporary or permanent marriage with people of the book, answer 080.

Index: A Muslim Woman Cannot Marry a Non-Muslim Man, answer 576.

[1] . Surah Baqara, verse 221.

[2] . Tahrir al-Wasilah of Imam Khomeini, Vol. 2, Pg. 254; Minhaju ‘s-Saliheen, vol. 2, Pgs. 263- 265; Ibid, Vol. 3, Pg. 67, Q 205; Tawzih al-Masael, Pg. 479, Q 2357; Ibid, 1381, Pg. 476, Q 2393; Istiftaat of Imam Khomeini, Vol. 3, Pg. 128, Q 131 & 132; In this regards, a question has been sent to the office of Grand maraja Ayatollahs Khameni, Sistani and Makarem Shirazi (ha).

Permissibility of using Henna even if it was mixed by a Hindu

April 8, 2017 by Admin Posted in All Q&A, Islamic Laws, Taharat Tagged Ahlul Kitab, Buddhist, Henna, Hindu, Idolater, Kafir, Najas, Nijasat, Polytheist, Taharat 1 Comment

Question 563: Salam. Can henna be applied if it was mixed by a Hindu?

Answer 563: Generally, if a thing like henna comes into contact with moisture from or on body of a Kafir (like Hindus and Buddhists who are polytheists^[1] and considered to be idolaters in a way) it would make the thing najas as well. Meaning that we are supposed to wash it according to what mentioned in Tawzih al-Masael.

Although, there would be no problem to use such henna even if it was mixed by a Hindu, because, it is not something related to drinking and eating that we are forbidden to use, but if we want to offer our prayers we have to wash it first (i.e. the henna itself not its ink and color as it doesn’t prevent water from reaching the skin) then offer our prayers as taharat is one of the conditions must be fulfilled for offering prayers.[2]

Note: the important issue we are recommended to take it into consideration is that we are not allowed to eat the food prepared by a non-Muslim who is not from Ahle Kitãb [for example, a Hindu or a Buddhist], provided that we certainly know that the non-Muslim touched the food with wetness; and provided that the food consists of what is forbidden to us like intoxicating drinks. As for meat, fat and their extracts, the food cooked by non-Muslims should not contain any of these. If the food contains meat and animal fat, we should be sure that they are halal.[3]

[1] – Serat al-Nejat by Ayatollah al-Shaikh al-Tabrizi, vol.6, pg. 373.

[2] . Tawzih al-Masael of maraja (annotated by Imam Khomeini), Vol. 1, Pg. 95-873.

[3] . Adopted from answer 537 (Index: Eating food has been cooked by a Hindu or Buddhist).

As for the marriage of Shia men with Sunni women, there are different viewpoints on the issue in fiqh; the famous verdict being that it is permissible,[5] especially when there are chances of the guidance of the woman to Shiism and the Ahlul-Bayt’s school of thought.

If a Muslim woman has realized that her husband is non-Muslim their marriage contract is void and she must separate from him.[2]

As for the marriage of Shia men with Sunni women, there are different viewpoints on the issue in fiqh; the famous verdict being that it is permissible,^[5] especially when there are chances of the guidance of the woman to Shiism and the Ahlul-Bayt’s school of thought.