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Muslim Woman and Non-Muslim Man

A revision that I made to the section about marriage that, before editing, stated that Muslim women are forbidden from marriage with men other than Muslim men has been cited as contradicting an about.islam.com article. I'm not sure how about.islam became the measure of what is Islamic, but I'll play along. This is the article, with emphasis added by me:

Interfaith Marriage in Islam

The 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 to marry a non-Muslim.

Muslim Man and Non-Muslim Woman

In general, Muslim men are not permitted to marry non-Muslim women. "Do not marry unbelieving women until they believe. A slave woman who believes is better than an unbelieving woman, even though she allures you.... Unbelievers beckon you to the Fire. But Allah beckons by His Grace to the garden of bliss and forgiveness. And He makes His signs clear to mankind, that they may receive admonition" (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. "This day are all things good and pure made lawful to you.... Lawful to 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 you give them their due dowers, and desire chastity not lewdness. If any one rejects faith, fruitless is his work, and in the Hereafter he will be in the ranks of those who have lost" (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, "Nor marry your girls to unbelievers until they believe. A man slave who believes is better than an unbeliever...." 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.

My comments:

Despite the claims of this article, which contradicts itself, there is no basis for creating a prohibition against Muslim women marrying men of the Book in the Quran nor in the Sunnah. First of all, an "exception" for men in the Quran would mean that the Quran has been abrogated from its original Message since the advent of Islam in the time of Adam, the first Prophet of Islam. Abrogation is a highly debatable position to take when dealing with the Holy Book.

Second, a basic principle of Islamic jurisprudence is the asl al-deen: The halal is that which Allah has made lawful in His Book and haram is that which He has forbidden, and that concerning which He is silent He has permitted as a favour to you.* Since ayah 2:221, as referred to by the article, prohibits marriage to 'idolaters' for both Muslim men and Muslim women, one need provide further support for the supposition that Christians and Jews (ahl al kitab) are 'idolaters', ie, committing shirk, requiring an exception for any Muslim to marry among them.

Since the Quran states repeatedly that no 'idolaters' will be rewarded for their rejection of faith and failure to submit to His Will, one way we can determine if ahl al kitab are included among them is to research who are those that Allah says can possibly be included.

[2.62] Those who believe (in the Qur'an), and those who follow the Jewish (scriptures), and the Christians and the Sabians,- any who believe in God and the Last Day, and work righteousness, shall have their reward with their Lord; on them shall be no fear, nor shall they grieve.

[5.69] Those who believe (in the Qur'an), those who follow the Jewish (scriptures), and the Sabians and the Christians,- any who believe in God and the Last Day, and work righteousness,- on them shall be no fear, nor shall they grieve.

So, clearly, the group "ahl al kitab" is not among those who are lost.

An excerpt from the article states:

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. "This day are all things good and pure made lawful to you.... Lawful to 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 you give them their due dowers, and desire chastity not lewdness. If any one rejects faith, fruitless is his work, and in the Hereafter he will be in the ranks of those who have lost" (Qur'an 5:5).

There is a contradiction inherent in the statement 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., so Muslim men can marry their women, but Muslim women can't marry their men using the same ayah that prohibits both men and women from marriage with 'idolaters'. No debatable, man-made abrogation is required.

5:5 is referred to as the ayah that created the "exception" for men.

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).

However, since no exception is needed, does the explicit permission granted here constitute a prohibition for women? The general rule is that as the majority of law giving in the Quran is directed to men, they is also extended to women. For example, I know from hadith that many of the foods of the ahl al kitab are permissible to me, a woman, if I say 'Bismillah' over it before I eat. This permission is embeded in an ayah that we are told limits interfaith marriage to men, yet doesn't limit eating the food of the ahl al kitab to men.

There is no prohibition in the Quran nor the Sunnah against Muslim women marrying ahl al kitab men. That comes from fiqh law, and can, thus, be considered to be mukruh rather than impermissible. Fiqh law also considers marriage between Muslim men and non-Muslim women living in the west to be mukruh, but that is rarely cited, creating the impression that the same source , fiqh, can be taken so seriously that it can create sinful acts for women that Allah did not, or be completely ignored when ruling against a privilege for men.

I have examples of the above and regarding challenges to the tradtion, which is based on Arab patriarchy and the concept that women follow the lead of men, which is not Quranic, but tribal. The assertion in the article that "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." is very telling of this tradition. In Islam, women follow the leadership of God, not man. The requirments for doing so are the same for both:

[33.35] For Muslim men and women,- for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in Charity, for men and women who fast (and deny themselves), for men and women who guard their chastity, and for men and women who engage much in God's praise,- for them has God prepared forgiveness and great reward.

Challenges to the law

Fatwa by Dr. Abou El Fadl: On Christian Men marrying Muslim Women

Source: http://www.scholarofthehouse.com/oninma.html

As-Salaam-Alaikum:

I don't mean to bother you but this is disturbing my mind and I need an educated explanation.

I was at a Muslim Sister's Fashion Show (predominately African American sisters) when during casual conversation a young sister (mid 20s) stated that her husband is Christian. This as you can image created quite a stir. She was immediately verbally attacked. She tried to defend herself by saying that he did not prohibit her from practicing Islam and he has agreed that the children will be Muslim. She was advised to divorce him.

I don't know if they were married and she converted or if she was already Muslim when they married. She was under such a heavy attack that I could not get that question in. However this issue is one that I need to understand because I can't adequately explain why there is a prohibition for the Muslim female in marrying from the people of the book and there is no prohibition for the Muslim male. More often than not I hear all non Muslims classified as kufar.

The only explanation I can provide is that the Quran specifies that the male can marry a Christian or Jewish woman. Since he is the head of the household the expectation is that he will respect her rights and the children will take his religion. Really in actuality from what I've seen this is not the case. The woman has so much pressure put on her to abandon her beliefs that she eventually gives in or gets out of the marriage.

I have been asked does the Quran specifically prohibit the Muslim woman from marrying a Christian or Jewish male. My understanding is the only specific prohibition is for polytheist. Am I wrong?

This is a big issue for African Americans especially because of the rate of conversion. There are instances where the husband converts and the wife does not. This is not seen as a problem. However there are instances where the wife converts and the husband does not. It doesn't matter whether they have been together 2 years or 20 years, the advice the sister receives is to divorce him.

. . .

[Name withheld for privacy]

Al-salamu 'alaykum sister:

First I should apologize for the long time it has taken me to respond to your message. As you might have heard, I have been rather ill. But on a happier note, recently we were blessed with a wonderful baby boy.

But I should confess that there is another reason for the delay. This is a difficult issue to deal with. I did receive a large number of inquiries about this same issue, and I have tended to avoid responding to them because I am not exactly very excited about handling this weighty and serious problem.

Surprising to me, all schools of thought prohibited a Muslim woman from marrying a man who is a kitabi (among the people of the book). I am not aware of a single dissenting opinion on this, which is rather unusual for Islamic jurisprudence because Muslim jurists often disagreed on many issues, but this is not one of them.

All jurists agreed that a Muslim man or woman may not marry a mushrik [one who associates partners with God--there is a complex and multi-layered discourse on who is to be considered a mushrik, but we will leave this for a separate discussion]. However, because of al-Ma'ida verse 5, there is an exception in the case of a Muslim man marrying a kitabiyya. There is no express prohibition in the Qur'an or elsewhere about a Muslim woman marrying a kitabi. However, the jurists argued that since express permission was given to men, by implication women must be prohibited from doing the same. The argument goes: If men needed to be given express permission to marry a kitabiyya, women needed to be given express permission as well, but since they were not given any such permission then they must be barred from marrying a kitabi.

The justification for this rule was two-fold: 1) Technically, children are given the religion of their father, and so legally speaking, the offspring of a union between a Muslim male and a kitabiyya would still be Muslim; 2)It was argued that Muslim men are Islamically prohibited from forcing their wives to become Muslim. Religious coercion is prohibited in Islam. However, in Christianity and Judaism a similar prohibition against coercion does not exist. According to their own religious law, Muslim jurists argued, Christian men may force their Muslim wives to convert to their (the husbands') religion. Put differently, it was argued, Islam recognizes Christianity and Judaism as valid religions, but Judaism and Christianity do not recognize the validity of Islam as a religion. Since it was assumed that the man is the stronger party in a marriage, it was argued that Christian and Jewish men will be able to compel their Muslim wives to abandon Islam. (If a Muslim man would do the same, he would be violating Islamic law and committing a grave sin).

Importantly, the Hanafi, Maliki, and Shafi'i jurists held that it is reprehensible (makruh) for Muslim men to marry a kitabiyya if they live in non-Muslim countries. They argued that in non-Muslim countries, mothers will be able to influence the children the most. Therefore, there is a high likelihood that the children will not grow up to be good Muslims unless both parents are Muslim. Some jurists even went as far as saying that Muslim men are prohibited from marrying a kitabiyya if they live in non-Muslim countries.

This is the law as it exists or the legal legacy as we inherited it. In all honesty, personally, I am not convinced that the evidence prohibiting Muslim women from marrying a kitabi is very strong. Muslim jurists took a very strong position on this matter--many of them going as far as saying if a Muslim woman marries a kitabi she is as good as an apostate. I think, and God knows best, that this position is not reasonable and the evidence supporting it is not very strong. However, I must confess that in my humble opinion, I strongly sympathize with the jurists that argued that in non-Muslim countries it is reprehensible (makruh) for a Muslim to marry a non-Muslim. God knows best--I have reached this position after observing that the children of these Muslim/non-Muslim marriages in most cases do not grow up with a strong sense of their Islamic identity. It seems to me that in countries like the U.S. it is best for the children if they grow up with a Muslim father and mother. I am not comfortable telling a Muslim woman marrying a kitabi that she is committing a grave sin and that she must terminate her marriage immediately. I do tell such a woman that she should know that by being married to a kitabi that she is acting against the weight of the consensus; I tell her what the evidence is; and then I tell her my own ijtihad on the matter (that it is makruh for both men and women in non-Muslim countries). After telling her all of this, I add that she must always remember that only God knows best; that she should reflect on the matter as hard as she can; then she should pray and plead for guidance from God; and then ultimately she must do what her conscience dictates.

I hope this response helps answer your question. I pray to God to guide us both to what He pleases and wants, and that He helps the sister you wrote me about to find peace and tranquility with whatever decision she makes. God is the best guide and mentor--may He forgive our sins and bless us with His Compassion and Mercy.

With my sincere regards,

Shaykh Khaled Abou El Fadl

Imam Khaleel Mohammed's fatwa regarding inter-faith marriage for Muslim women

"The verse that is traditionally used by imams to prohibit an inter-religious marriage is Qur'an 5:5, which states: 'This day, all innately good things are lawful for you... Lawful to you are the chaste women from among those who have been given the Book before you...' Traditional imams contend that since women are mentioned, and men are not, then it must be understood that the marriage of Muslim women with non-Muslim men is forbidden.

This, however, is problematic. For the Qur'an is addressed, because of the custom of the time, to men. It is for this reason that the Qur'an says, for example, "And when you divorce your wives..." or "During the nights of fasting [Ramadan] you may have sex with your wives..." What do I mean by the custom of the time? In the tribal context, the woman, once married, accepted the husband as master. He, in turn, accepted the religion of his tribal chief.

Given that reality, a whole host of issues arose for Muslim scholars -- issues that made them oppose inter-religious marriages for women. One issue was, whereas Muslims honor the non-Muslim prophets, followers of the other two monotheistic religions do not honor Muhammad, and that would put the Muslim woman in the terrible position of having her prophet disrespected. Another issue was that most Christians see Jesus as God, and for a Muslim to attribute divinity to a human in unthinkable. Then, too, there was the problem of the children from such a marriage, who would presumably be brought up in the religion of the male spouse.

But remember that all of these 'issues' assume the woman must take the faith of her non-Muslim husband, and that is clearly not the case in your relationship. You live in a different time and a different place.

To be sure, most Muslims would argue that the Qur'an is true for all time and all places. If we go by that logic, then we must acknowledge that the Qur'an is still sympathetic to your dream of marrying a Christian man. Even though he is a Christian, the Qur'an does not hold that against him. For while mentioning that there are Christians who take Jesus as God, Islam's main document calls this 'kufr' (disbelief/ingratitude) rather than 'shirk' (polytheism). It's a significant distinction because, in another verse, the Qur'an also states that Christians who do good deeds have the right to enter heaven. Christian creedal beliefs are the same for both male and female followers of Christianity, so how can the Qur'an allow marriage to the Christian woman but not to the Christian man?

The evidence indicates that the main hang-up is the problem I emphasized above -- that the religion of the male spouse becomes dominant (as also evidenced in the Book of Ruth in the Hebrew Bible). In our day, since Qur'anic Islam (as opposed to the Islam of the male jurists) must acknowledge the radical notion that women are equals of men, that women have legal rights, and that those rights include placing conditions on the marriage (what you and I would term a 'pre-nuptial agreement'), then an inter-faith marriage can take place on condition that neither spouse will be forcibly converted to the other's religion. As long as that condition is respected, you and she have my blessing.

On the question of children, certainly there will be some religious confusion. But as a Muslim scholar, I can tell you that the Qur'an advocates the use of the heart and mind in forming opinions. If both parents are faithful to their interpretations of the Creator's will, then the children will make informed decisions when they come of age.

...

Dr. Khaleel Mohammed studied Sharia at Muhammad bin Saud University in Riyadh (Sunni) and the Zeinabiyya in Damascus (Shia). He holds a Ph.D. in Islamic law from McGill University.

Asharq Al-Awsat Interviews Sudanese Islamist leader Dr. Hassan Turabi

24/04/2006 By Imam Mohamed Imam

London, Asharq Al-Awsat- The following is the full text of the controversial interview that Asharq al-Awsat conducted with Sudanese Islamist leader Dr. Hassan Turabi, which resulted in him being branded an apostate by Sudan's Muslim scholars:

Q) Fatwas that you have issued, regarding the permissibility of marriage between a Muslim woman and a man of the Christian or Jewish persuasion, have been the subject of much controversy. Do you mean that married women who converted to Islam can remain married to a non-Muslim husband, or that a Muslim woman can marry a non-Muslim man?

A) First, we have to look at the context of this matter particularly from the framework of Ijtihad when it comes to the general issues of women in Islam. The modern and contemporary Islamic discourse on women lags far behind the authentic Islamic rules and principles as contemporary Muslims do not think deeply about these principles when it comes to the marriage of their daughters.

The fatwa was a response to issues in the Muslim community in the United States. There was an incident in which an American woman went to one of the Islamic centers to convert; however, she wanted to remain married to her non-Muslim husband after she converted. The center's officials told her that if she was sincere in her desire to become a Muslim that she would begin divorce procedures, despite the huge costs and even if this meant that she would lose custody of her children. They did not consider that this was too much to ask from someone who was still taking their first steps towards Islam. Such an attitude in fact causes many women to be reluctant to convert.

Of course, before issuing the edict, I had to undertake a lot of research concerning Islamic law, particularly by reading books on Islamic jurisprudence that were written at certain historical intervals. All the past fatwas that prohibited the marriage of Muslim women to non-Muslim men were issued during periods in which political disputes between Muslims and non-Muslims were taking place. On the other hand, I could not find a single word that prohibited such marriage in either the Quran or the Sunnah.

In the particular case of the woman who wanted to convert in the United States, my opinion was that she should have remained married to the non-Muslim man. She may have been the reason that her non-Muslim husband converted. Perhaps even other families of female American converts would have followed the same path. Many people were perplexed by what I said and attacked me for it. Some even decided that I was now an infidel! They depicted the whole issue as if it was a matter of honor. However, if you look at it objectively, the conversion and Islamic conduct of the wife may have positively influenced the husband, an influence that the Muslims of the West need.

We should let the Muslim minorities, who live amongst the 'People of the Book' in the west, evaluate this issue and decide what is appropriate for them, as they are the first group affected. They would conclude that they should allow their daughters to marry Jews and Christians because perhaps these marriages will bring the husbands to Islam or else the women may remain a Muslim. In the West, the individual freedoms are generally wider and the Western Muslims to decide when it comes to this issue especially.

Q) So are you saying that women who converted to Islam can remain married to their non-Muslim husbands, but that a Muslim woman marrying a non-Muslim man is forbidden?

A) No, I had spoken previously about this type of marriage and I believe that marriage between a Muslim woman and a non-Muslim man is valid since nothing in the Quran or Sunnah dictates otherwise. The decision should also be based on the individuality of each case therefore; I cannot say this type of marriage is prohibited based on the accumulated teachings of past scholars.

These teachings for example tell us that Ijmaa (consensus) is the consensus of jurists at any given age but the Quran says is different. The same accumulated sayings of scholars also recommended that we should obey the ruler even if he seized power by force. The Quran does not approve of this. We should always refer to the origins that are Quran and Sunnah.

Source: http://www.aawsat.com/english/news.asp?section=3&id=4678

I have not yet learned how to add citations or to do some of the fancy things available here, but I will learn. I would appreciate it if the cultural aspects that have been incorporated in Islam and which constitute ethno-Arab traditional interpretations can be discerned without the dependence on websites as the arbitors. As Dr. Turabi said, we should always refer to the origins that are Quran and Sunnah, and no prohibition against intefaith marriage for Muslimas can be found there.

I can add more historical context, if requested.

Humbly submitted FOA 20:35, 13 July 2007 (UTC)

• Reported in Al-Hakim, classified as sahih (sound)

Edits

Islamic jurists have traditionally held that Muslim women may only enter into marriage with Muslim men, although some contemporary jurists question the basis of this restriction. On the other hand, the Qur'an explicitly allows Muslim men to marry any woman of the People of the Book, a term which includes Jews, Sabians, and Christians. However, fiqh law has held that it is mukrah (reprehensible) for a Muslim man to marry a non-Muslim woman in a non-Muslim country. It is permissable to marry one's cousin.

According to Islamic law, adult women cannot be forced to marry anyone without their consent. Besides all other provisions for her protection at the time of marriage, it was specifically decreed that a woman has the full right to her mahr, a marriage gift, which is presented to her by her husband and is included in the nuptial contract. Like the man, however, the woman can divorce her husband without resorting to the courts, if the nuptial contract allows that. A Muslim may not marry or remain married to an unbeliever of either sex ^{[Quran 2:221][60:10]}. A Muslim man may marry a woman of the People of the Book;^[5:5]; Despite the fact that there is no restriction against Muslim women marrying ahl al kitab men, traditionally, fiqh has held it to be forbidden unless the men converts to Islam. There are challenges to this tradition. </ref>

== Revisions to marriage text to allow for a partisan point of view to dominate ==

Karl Meier has revised text about Muslim marriage to maintain that Muslim women are prohibited by ISLAM from marriage with non-Muslim men. However, references has been added to the text he deletes showing that there is opposition to the rule citing that there is nothing in the Quran and the Sunnah to restrict such unions.

Why is Karl Meier and a few others INTENT on presenting only one point of view on a site that should be neutral? There is no verse in the Quran that specifically prohibits women from marriage with ahl al kitan men, that is a fact. 5:5, the ayah that permits men to do so does not constitute a prohibition for women, and it is known that there are scholars with ijaza who believe the fiqh position is insupportable.

That is is so is not to be allowed to be presented on Wikipedia? By whose authority?! FOA 20:39, 16 July 2007 (UTC)

FOA, what you call neutral would be called by many Muslims biased.Proabivouac 05:26, 2 August 2007 (UTC)

How many Muslims do you know, and how well? FOA 07:39, 2 August 2007 (UTC) —The preceding unsigned comment was added by FollowerofAllah (talk • contribs).

Park

Islamic jurists have traditionally and with evidence have held that Muslim women may only enter into marriage with Muslim men, although some contemporary jurists question the basis of this restriction. On the other hand, the Qur'an explicitly allows Muslim men to marry chaste women of the People of the Book, a term which includes Jews, Sabians, and Christians. However, fiqh law has held that it is mukrah (reprehensible) for a Muslim man to marry a non-Muslim woman in a non-Muslim country.

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