A Muslim Woman Cannot Marry a Non-Muslim Man

June 12, 2017 by Admin Posted in All Q&A, Marriage, People of the Book Tagged Ahle Kitab, Kafir, Kuffar, Marriage, People of the Book

Question 576: Can a Muslim woman marry a Non-Muslim (christian or Jewish) man (interfaith marriage)?

It’s mentioned in Surah Al-Mumtahanah verse 10 “O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them. But give the disbelievers what they have spent. And there is no blame upon you if you marry them when you have given them their due compensation. And hold not to marriage bonds with disbelieving women, but ask for what you have spent and let them ask for what they have spent. That is the judgement of Allah; He judges between you. And Allah is Knowing and Wise.”

In this verse, it shows the marriage of muslim women to the disbelievers (Kuffar) is suspended, in which disbelievers doesn’t include the people of the book (Ahel Al Ketab, Christians and Jewish), because many verses in Quran called Christian and Jewish as Ahel Al ketab but not Kuffar (disbelievers).

Note: The maraja showing different opinions in case if a Muslim man marrying a woman from the People of the Book, are these opinions applied on Muslim women who want to marry a man from the People of the Book?

Answer 576: According to the following verses of the Holy Quran, traditions and fatwas of our maraja, a Muslim woman cannot marry a non-Muslim man.

Verses of the Holy Quran:

As for the unbelievers the holy Quran reject any ways for them to triumph over the believers. “… and Allah will never provide the faithless any way [to prevail] over the faithful.” [1] When it comes to the submission, a woman is supposed to submit unto her husband. If a Muslim woman marry a man from Ahli Kitab the man can influence the wife in the long run. In this regards Imam Sadiq (as) says: A woman is under the influence of her husband. [2] This might be a reason to change her religion.
In other verse of the Holy Quran Allah (SWT) says: “O you who believe! when believing women come to you flying, then examine them Allah knows best their faith Then if you find them to be believing women, do not send them back to the unbelievers Neither are these) women (lawful for them, nor are those) men (lawful for them And give them) former husbands (what they have spent And no blame attaches to you in marrying them when you give them their dowries And hold not to the ties of marriage of unbelieving women and ask for what you have spent, and let them ask for what they have spent That is Allah’s judgment He judges between you And Allah is Knowing, Wise”.[3] In this regards, a man asked Imam Sadiq (as) that my wife has a sister who lives in Basrah city where many people are of religion other than Islam, in this case are we allowed to marry her to one of them? The Imam (as) forbade him according to verse of the holy Quran.[4]
There is another verse of the holy Quran in which Allah, the Almighty 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”[5]

Traditions:

The followings are some highly valuable guidelines and models presented by the Infallibles (pbuth) for us to have a good spouse and a healthy marriage:

Having real faith and adherence to Islamic moral codes: Imam Reza (a.s) said: “If a man seeks your hand for marriage and you are happy with his religiosity and moral characteristics, give consent for marriage with him. Do not reject him because of his poverty.”[6]
Cultural, financial, family, scientific and religious equality of man and woman: The Holy Prophet said: ““If one with whose religion and character you are pleased comes to you (to seek your daughter’s hand in marriage), then marry (your daughter) to him.”[7]
Being carefree and inattentive to prayers and hijab and drinking wine mean that the boy is not the equal of a practicing and faithful Muslim girl. The Holy Prophet (pbuh) says: “If a drinker makes a request for marriage, do not accept him.”[8]

Imam Baqir (as) was asked if we are allowed to marry Ahle Kitab, He said: You are not allowed to do so. The man asked again, what is the reason behind this prohibition? The Imam (as) replied: According to this following verse of the holy Quran: “And hold not to the ties of marriage of unbelieving”. [9]

Fatwa:

Imam Khomeini: A Muslim woman cannot marry a Kafir whether permanently or temporarily[10]

Sistani: As for a Muslim woman, she is not allowed to marry a non-Muslim man at all.[11]

Fadhil, Safi, Makarem: A Muslim woman cannot marry a man from Ahle Kitab.[12]

If a non-Muslim woman, who got married to a non-Muslim man, converts to Islam:

Khamenei: She must separate from him and there is no need for the divorce contract.

Sistani: There is no need for the divorce contract and she must separate from him as soon as she embraces Islam.

Makarem: In the case asked about, if her husband does not embrace Islam, she will separate from him.

Saafi: [The woman] needs to finish the waiting period; if her husband embraces Islam by then, the marriage will hold, but if he doesn’t, then the wife separates from him without the divorce contract and the marriage is terminated.

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

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

[1] . Surah al-Nisa, verse 141.

[2] . Al-Kafi, Vol. 5, Pg. 348.

[3] . Surah al-Mumtahinah, verse 10.

[4] . Sheikh Hurr Ameli, Wasael al-Shia, Vol. 14, Pg. 424, chapter 10, Abwab ma Yohramo Bil Kufr, H. 4.

[5] . Surah al-Baqarah, verse 221.

[6] – Rayshahri, Muhammad, Mizanul Hikmah, vo.4, pg.280, Darul Hadith Publication.

[7] – Nahjul Fasahah, pg. 37, hadith No.193.

[8] – Hurr Ameli, Muhammad bin Hasan, Wasail al-Shi’ah, vol.20, pg.79, Aalulbayt Publications.

[9] . Wasael al-Shia, Vol. 20, Pg. 534, H. 4, # 26275.

[10] . Tahril al-Wasilah of Imam Khomeini, Vol. 2, Kitab al-Nikah, Pgs. 254-258.

[11] . The official website of the office of Sayyid Sistani, Marriage » Questions and Answers.

[12] . Tawzih al-Masael (annotated by Imam Khomeini), Vol. 2, Pg. 468. The official website of the office of Ayatollah Makarem.

Premarital relation with non-Mahram is impermissible

May 29, 2017 by Admin Posted in All Q&A, Marriage Tagged Baligh, Marriage, Non-Mahram, Permanent, Premarital, Temporary, Virgin girl

Question 082: I am in love with my teacher’s daughter and she also loves me very much. We have met each other a few times and message each other daily. Is there any problem and restrictions in our relation according to the Islamic laws?

Answer 082: Islam has prescribed marriage (temporary and permanent) to address this need, in addition to any sexual need, be it flirting, touching, caressing, and so forth, must only take place after marriage has been contracted. Even if boy and girl who are fiances and are planning on getting married in the future, but haven’t contracted any form of marriage yet, cannot take such pleasures in each other, even if it is only limited to having an intimate conversation or shaking hands.

As was said, in Islam, fulfillment of such needs must be within Islamic limits. Temporary marriage is one solution, but has stipulations and conditions that must be met, one of those being the consent of the virgin girl’s father (the rest of the conditions can be looked up in the risalahs).

According to the Shia point of view, the baligh virgin girl must get her fathers or paternal grandfathers (in the case of not having a father) permission if she wants to get married. In the case of her father or paternal grandfather not being present in a way that she can’t get their permission, and her having the need of getting married, their permission will no longer be a condition, if she can distinguish between what is to her benefit and what isn’t.

The same goes for the woman who isn’t a virgin; she doesn’t need to get permission either, if her virginity was lost to a previous husband. In the case of her virginity being lost by a mistaken intercourse, or even adultery, it is a mustahabb precaution to get permission if possible (which means it is better, although it still isn’t a condition and isn’t wajib).[1]

According to Sayyid Sistani (ha), it is not permissible for a boy and a girl to make friendship with each other in order to know each other before marriage. His Excellency also said: pre-marital relation between a boy and a girl is not permissible under any circumstances. [2]

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.

The official website of the office of Sayyid Sistani (ha), Question & Answer » Marriage. Ibid, Marriage » General Rules.

[1] . Tawdih al-Masa’il of the maraji’, vol. 2, Pgs. 449-460, 701-707 and 734-736 and 458-459.

[2] . The official website of the office of Sayyid Saistani, Question & Answer » Pre-marital Relation.

Rules regarding temporary or permanent marriage with people of the book

April 16, 2017 by Admin Posted in All Q&A, People of the Book Tagged Cristian, Jewish, Marriage, Muslim, People of the Book, Permanent, Temporary

Question 080: Salaams dear Shaykh. What is the ruling of the Maraji’ regarding temporary or permanent marriage with people of the book?

Answer 080: Our maraja have different opinions regarding permanent marriage with People of the Book as follows:

Imam Khomeini: As an obligatory precaution, it is impermissible to get married to People of the Book. Of course, Imam Khumayni (rah) has said in this issue (the issue of permanent marriage with non-Muslim women who are of the People of the Book) that it is an obligatory precaution, which means those who follow him can refer to the verdict of another jurist who says such a marriage is permissible and follow him instead.

Ayatollahs Golpaygani and Safi: The permissibility of marriage with People of the Book isn’t devoid of strength [this is a jurisprudential term meaning that it is permissible], but in the case of one being able to marry a Muslim woman, it is greatly makruh (abominable), as a matter of fact, in such a case, precaution should be observed.

Ayatollahs Khoei and Tabrizi: As a recommended precaution one shouldn’t permanently get married to them and some sects such as the Khawarij, Ghulat and Nawasib who consider themselves Muslims have the same ruling as kafirs and can’t be married to by Muslim women and men, neither permanently nor temporarily.

Ayatollah Noori Hamedani: Marrying them permanently is permissible according to the stronger fatwa, but precaution should be observed in not getting married to them permanently in the case of them being able to get married to a Muslim woman.

Ayatullah Zanjani: The Muslim man cannot get married to the Magi or a non-Muslim who is not of the People of the Book, neither permanently nor temporarily, and apparently, permanent or temporary marriage with Jewish or Christian women isn’t void, but it is makruh and against recommended precaution, especially if the marriage is permanent.[1]

Ayatollah Fazel Lankarani: The Muslim man cannot be permanently married to kafir women, even if they are Jewish or Christian as an obligatory precaution, nevertheless temporary marriage is permissible with Jewish and Christian women.

Ayatollah Makarem Shirazi: The Muslim man cannot get permanently married to kafir women as an obligatory precaution, but temporary marriage with People of the Book such as Christians and Jews is permissible.

Ayatollah Bahjat: The Muslim man cannot get married to other than People of the Book and Magi [from the kafirs], neither permanently, nor temporarily, and apparently, temporary marriage with Jewish and Christian women, both temporary and permanent, isn’t void although it is makruh and against recommended precaution, especially in permanent marriage.

Ayatollah Sistani: The Muslim man cannot get married to kafir women who aren’t of the People of the Book, but temporary marriage with Jewish and Christian women is permissible, and according to obligatory precaution, permanent marriage with them isn’t.[2]

He also says: For a Muslim man to marry a woman from Ahlul Kitab permanently is against the compulsory precaution in any circumstance. And his temporary marriage to a Jewish or a Christian woman is allowed, only if he is not already married to a Muslim wife. If he has a Muslim wife, temporary marriage with an Ahlul Kitab woman is not permissible without her consent; nay, even with her consent, it is not permissible, based on compulsory precaution.[3]

[1] . Tawdih al-Masa’il of the maraji’ (annotated), vol. 3, p. 468.

[2] . Tawzih al-Masael of the maraja’ (annotated by Imam Khomeini), vol. 2, pg. 468; Ibid, pg. 469; Hakim, Muhammad Saeed, Minhajul-Salehin, vol. 3, pg. 33.

[3] . The official website of the office of Sayyid Sistani (ha), rules concerning Marriage, q&a.

Impermissibility of confirming marriage tie with others during Iddah (waiting period)

March 14, 2017 by Admin Posted in All Q&A, Divorce, Iddah Tagged Ba’in, Divorce, Iddah, Irrevocable, Marriage, Non-Mahram, Rej'ie, Revocable, Waiting Period

Question 554: Salam alaikum wa rahmatullahi wa barakatu. Thank you for this helpful and wonderful service. I have a question if you would be so kind to answer. If a lady is in iddah, is she allowed to talk to a man for the purpose of seeing if he will be a suitable husband after her iddah is over? Can she talk to him during iddah before he has formally proposed? Jazak Allah Khair and thank you

Answer 554: Divorce is of two types: Irrevocable divorce (Ba’in)^[1] and revocable divorce (Rej’ie)^[2]. And marriage proposal can be made directly or indirectly.

According to the Holy Quran and Islamic Law, a woman who is in her Rej’ie Iddah (waiting period) is not allowed to confirm the marriage tie with others whether directly or indirectly. Because, she is still considered as the wife of her husband, though she is allowed to be proposed indirectly during Ba’in Iddah.[3]

In this regards, Allah, the Most High says: “And there is no blame on you respecting that which you speak indirectly in the asking of (such) women in marriage or keep (the proposal) concealed within your minds Allah knows that you will mention them, but do not give them a promise in secret unless you speak in a lawful manner And do not confirm the marriage tie until the writing is fulfilled And know that Allah knows what is in your minds, therefore beware of Him And know that Allah is Forgiving, Forbearing”.^[4]

Note: According to maraja (ha), all kinds of relations with a non-Mahram including joking, expressing mutual love, talking with the intention of deriving pleasure, looking at the body of a girl (except her face and hands up to the wrists) and at her hair or looking at her face with pleasure are haram (forbidden). In fact, if it is feared that they might fall into a sin, it is forbidden for them to have any kinds of relationship with each other. [5]

For further information regarding Ba’in divorce, please read the following:

The irrevocable divorce has five types:

1) The divorce of the woman who has not completed nine years of age.

2) The divorce of the menopausal woman (Yaa’isah) who has passed fifty years of age.

3) The divorce of the woman whom her husband had not had intercourse with her after the marriage.

4) The divorce of the woman who has been divorced three times.

5) The Khala’^[6] and Mubarat^[7] divorce.

Whatever is aside from these are the revocable divorce (Rej’ie).

[1] . Ba ‘in (Talaq-i): An irrevocable divorce after which a woman is free to conclude a contract of marriage with another husband, indeed, after completing the prescribed period called Iddah, and the husband divorcing her irrevocably cannot recall her except by contracting a fresh marriage with her subject to the restriction of the prescribed number of such remarriages by the same husband.

[2] . Meaning that it is permissible for the man to return to his wife during the seclusion (‘Iddah) without need of renewing the marriage contract.

[3] . Golpayegani, Sayyid Muhammad Reza, Majma al-Masael, Vol. 2, Pg. 256, Dar al-Quran al-Karim, Qom, second, 1409 A.H; Imami, Sayyid Hasan, Huquq Madani, Vol. 4, Pg. 270, Islamiyyah Publication, Tehran, Bita.

[4] . Surah Baqarah, verse 235.

[5] . The official website of the office of Sayyid Sistani, Chat between Male & Female

[6] . The divorce of a wife who develops an aversion from husband and hates him, and surrenders to him her Mahr or some of her property so that he may divorce her, is called Khula’ Divorce. The hatred must have reached a proportion where she would not allow him conjugal rights.

[7] . If the husband and the wife develop mutual aversion and hatred and the woman gives some property to the man so that he may divorce her, this divorce is called ‘Mubarat’.