MUSLIMAH CAN NOT MARRY JEWISH OR CHRISTIAN MAN
by Syarif Hidayat*
It goes without saying that the marriage of a Muslim woman to a non-Muslim man remains to be one of the main hot issues in debates about interfaith marriage according to Islam.
According to a broad consensus religiously sterile, a Muslim woman is formally forbidden to marry a non-Muslim man regardless of his religion, while a Muslim man is allowed to get married to a non Muslim woman, mainly a Christian or a Jew, considered by the Islamic schools as “People of the Book”.
What does the Qur’an say about this issue and how does it deal with the marriage of Muslim men and women to non-Muslims?
Interfaith Marriage in Islam
Al-Qur’an lays out clear guidelines for marriage. One of the main traits you should look for in a potential spouse is a similarity in religious outlook. For the sake of compatibility, and the upbringing of future children, it is most recommended for a Muslim to marry another Muslim.
However, in some circumstances it is permissible for a Muslim man to marry a non-Muslim woman who belongs to “the People of the Book” (Jewish or Christian).
Muslim Man and Non-Muslim Woman
In general, Muslim men are not permitted to marry non-Muslim women. In the Qur’an, there is only one verse that clearly tackles this issue. It is absolutely the main verse that states a provision on marriage with a category of non-Muslims.
بِسۡمِ ٱللهِ ٱلرَّحۡمَـٰنِ ٱلرَّحِيمِ
وَلَا تَنكِحُواْ ٱلۡمُشۡرِكَـٰتِ حَتَّىٰ يُؤۡمِنَّۚ وَلَأَمَةٌ۬ مُّؤۡمِنَةٌ خَيۡرٌ۬ مِّن مُّشۡرِكَةٍ۬ وَلَوۡ أَعۡجَبَتۡكُمۡۗ وَلَا تُنكِحُواْ ٱلۡمُشۡرِكِينَ حَتَّىٰ يُؤۡمِنُواْۚ وَلَعَبۡدٌ۬ مُّؤۡمِنٌ خَيۡرٌ۬ مِّن مُّشۡرِكٍ۬ وَلَوۡ أَعۡجَبَكُمۡۗ أُوْلَـٰٓٮِٕكَ يَدۡعُونَ إِلَى ٱلنَّارِۖ وَٱللَّهُ يَدۡعُوٓاْ إِلَى ٱلۡجَنَّةِ وَٱلۡمَغۡفِرَةِ بِإِذۡنِهِۦۖ وَيُبَيِّنُ ءَايَـٰتِهِۦ لِلنَّاسِ لَعَلَّهُمۡ يَتَذَكَّرُونَ
In the name of Allah, the Beneficent, the Merciful. “And do not marry Al-Mushrikât (idolatresses, etc.) till they believe (worship Allâh 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-Mushrikûn[] till they believe (in Allâh Alone) and verily, a believing slave is better than a (free) Mushrik (idolater), even though he pleases you. Those (Al-Mushrikûn) invite you to the Fire, but Allâh invites (you) to Paradise and Forgiveness by His Leave, and makes His Ayât (proofs, evidences, verses, lessons, signs, revelations, etc.) clear to mankind that they may remember.” (Al-Qur’an 2:221).
An exception is made for Muslim men to marry chaste or pious Jewish and Christian women, who are referred to as “People of the Book.”
This comes from the understanding that Jews and Christians share similar religious outlooks – a belief in One God, following the commandments of Allah, a belief in revealed scripture (Books), etc.
ٱلۡيَوۡمَ أُحِلَّ لَكُمُ ٱلطَّيِّبَـٰتُۖ وَطَعَامُ ٱلَّذِينَ أُوتُواْ ٱلۡكِتَـٰبَ حِلٌّ۬ لَّكُمۡ وَطَعَامُكُمۡ حِلٌّ۬ لَّهُمۡۖ وَٱلۡمُحۡصَنَـٰتُ مِنَ ٱلۡمُؤۡمِنَـٰتِ وَٱلۡمُحۡصَنَـٰتُ مِنَ ٱلَّذِينَ أُوتُواْ ٱلۡكِتَـٰبَ مِن قَبۡلِكُمۡ إِذَآ ءَاتَيۡتُمُوهُنَّ أُجُورَهُنَّ مُحۡصِنِينَ غَيۡرَ مُسَـٰفِحِينَ وَلَا مُتَّخِذِىٓ أَخۡدَانٍ۬ۗ وَمَن يَكۡفُرۡ بِٱلۡإِيمَـٰنِ فَقَدۡ حَبِطَ عَمَلُهُ ۥ وَهُوَ فِى ٱلۡأَخِرَةِ مِنَ ٱلۡخَـٰسِرِينَ
“Made lawful to you this day are At¬Tayyibât [all kinds of Halâl (lawful) foods, which Allâh has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables and fruits). The food (slaughtered cattle, eatable animals,) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them. (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, when you have given their due Mahr (bridal – money given by the husband to his wife at the time of marriage), desiring chastity (i.e. taking them in legal wedlock) not committing illegal sexual intercourse, nor taking them as girl-friends. And whosoever disbelieves in faith [i.e. in the Oneness of Allâh and in all the other Articles of Faith, i.e. His (Allâh’s), Angels, His Holy Books, His Messengers, the Day of Resurrection and Al-Qadar (Divine Preordainments)], then fruitless is his work, and in the Hereafter he will be among the losers.” (Al-Qur’an 5:5).
The children of such a union are always to be raised in the faith of Islam. This should be discussed thoroughly by the couple before they decide to marry.
Muslim Woman and Non-Muslim Man
Under no conditions is a Muslim woman permitted to marry anyone but a Muslim man. The same verse cited above (2:221) mentions, “And give not (your daughters) in marriage to Al-Mushrikûn[] till they believe (in Allâh Alone) and verily, a believing slave is better than a (free) Mushrik (idolater), even though he pleases you….”
No exception is given for women to marry Jews and Christians, so the law stands that she may only marry a believing (Muslim) man. As head of the household, the husband provides leadership for the family. A Muslim woman does not follow the leadership of someone who does not share her faith and values.
Islam allows a man to marry a woman from the People of the Book, that is, Christians and Jews, however they must be chaste. The early jurists of the most prominent schools of Islamic jurisprudence ruled in fiqh law that the marriage of a Muslim man to a Christian or Jewish woman is makruh (disliked) if they live in a non-Muslim country.
Caliph Umar (634–644) denied interfaith marriage for Muslim men during his command of the ummah. In the Quran, it is said, This day are (all) things good and pure made lawful unto you. The food of the People of the Book is lawful unto you and yours is lawful unto them.
(Lawful unto you in marriage) are (not only) chaste women who are believers, but chaste women among the People of the Book, revealed before your time,- when ye give them their due dowers, and desire chastity, not lewdness, nor secret intrigues if any one rejects faith, fruitless is his work, and in the Hereafter he will be in the ranks of those who have lost (all spiritual good).
{Surah 5:5} Islam generally forbids Muslim women from marrying non-Muslim men. If a non-Muslim woman is married to a non-Muslim, and she converts to Islam, the marriage is suspended until her husband converts to Islam, and she could in theory leave the non-Muslim husband and marry a Muslim one (analogous to the Pauline privilege among Catholics).
If the non-Muslim husband does convert a new marriage is not needed. In Al-Quran, it is said,
يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُوٓاْ إِذَا جَآءَڪُمُ ٱلۡمُؤۡمِنَـٰتُ مُهَـٰجِرَٲتٍ۬ فَٱمۡتَحِنُوهُنَّۖ ٱللَّهُ أَعۡلَمُ بِإِيمَـٰنِہِنَّۖ فَإِنۡ عَلِمۡتُمُوهُنَّ مُؤۡمِنَـٰتٍ۬ فَلَا تَرۡجِعُوهُنَّ إِلَى ٱلۡكُفَّارِۖ لَا هُنَّ حِلٌّ۬ لَّهُمۡ وَلَا هُمۡ يَحِلُّونَ لَهُنَّۖ وَءَاتُوهُم مَّآ أَنفَقُواْۚ وَلَا جُنَاحَ عَلَيۡكُمۡ أَن تَنكِحُوهُنَّ إِذَآ ءَاتَيۡتُمُوهُنَّ أُجُورَهُنَّۚ وَلَا تُمۡسِكُواْ بِعِصَمِ ٱلۡكَوَافِرِ وَسۡـَٔلُواْ مَآ أَنفَقۡتُمۡ وَلۡيَسۡـَٔلُواْ مَآ أَنفَقُواْۚ ذَٲلِكُمۡ حُكۡمُ ٱللَّهِۖ يَحۡكُمُ بَيۡنَكُمۡۚ وَٱللَّهُ عَلِيمٌ حَكِيمٌ۬
“O you who believe! When believing women come to you as emigrants, examine them, Allâh knows best as to their Faith, then if you ascertain that they are true believers, send them not back to the disbelievers, They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them. But give (the disbelievers) that (amount of money) which they have spent [as their Mahr[]] to them. And there will be no sin on you to marry them if you have paid their Mahr to them. Likewise hold not the disbelieving women as wives, and ask for (the return of) that which you have spent (as Mahr) and let them (the disbelievers) ask back for that which they have spent. That is the Judgement of Allâh. He judges between you. And Allâh is All-Knowing, All-Wise.” {Al-Qur’an 60:10}
Modern practice
In practice, many Arab countries allowed interfaith marriage Muslim men to Christian or Jewish women but not Muslim women to non-Muslim men. Turkey allows marriages to non-Muslim men through secular laws.
In Malaysia a non-Muslim must convert to Islam in order to marry a Muslim. The offspring of such unions are automatically Muslims and all Malaysian Muslims are legally prohibited from leaving Islam.
Interfaith marriage especially between Hindus and Muslims often have been the bone of contention and have resulted in communal riots in India.
(T/P3/R03)
Mi’raj Islamic News Agency (MINA)
*Deputy Editor-in-Chief of Mi’raj Islamic News Agency (MINA) (He can be contacted via emails: [email protected] and [email protected])
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