Section 1: Ruling of Marrying Non-Muslim Women
1- Marrying from the People of the Book: [71] This refers to the Jewish and Christian women, be they were Arabs or non-Arabs.
The scholars are in agreement that the Muslim man is allowed to marry the women of the People of the Book so long as they are not in a state of war against the Muslims.
[72] It is reported that Ibn ‘Umar (may Allah be pleased with him) did not allow it. However, the scholars understood it to mean that he disliked it and that he used to order people to avoid marrying them. Other scholars stated that the apparent meaning of his words is that it is forbidden while some scholars interpreted his words to refer to those who associate partners with Allah from them. The consensus on this ruling is transmitted by al-Shafi’i, Ibn al-Munthir, al-Jassaas, al-Mawaardee, Ibn ‘Abd al-Barr, Ibn Rushd, and Ibn Qudaamah.
2. Marrying a female who has not reached puberty and whose parents are non-Muslims, but one of them is not from the People of the Book:
The scholars differed on the ruling of marrying a girl who has not reached puberty and whose parents are not Muslims, and one of her parents is not from the People of the Book. There are two views: [73] The Maliki Madhab state that children are deemed according to the religion of his father; therefore, they allow eating from the animal that he slaughters if their father is from the people of the book.
- The first one states that it allowed, which is the view of the Hanafi Madhab, one of the reported views from Imam Ahmad, and the apparent view of Ibn Taymiyyah.
- The other view does not allow it, which is the view of the Shafi’i and Hanbali Madhabs.
3. Marrying non-Muslim women who are not from the People of the Book:
The scholars are in consensus that it is forbidden for a Muslim man to marry a non-Muslim woman [74] Al-Baaji related that it is a matter of agreement between the scholars that it is forbidden for the Muslim man to marry a Magian. However, Aboo Thawr and Dhahiri scholars allowed it, and it was reported from Huthayfah. Some scholars considered Magians from the People of the Book. unless she is from the People of the Book (i.e. Jews or Christian). This consensus is transmitted by al-Shafi’i, al-Mawaardee, Ibn Hazm, Ibn ‘Abd al-Barr, Ibn Rushd, and Ibn Qudaamah.
4. Ruling on marrying a non-Muslim man:
The scholars are all in agreement that it is forbidden for a Muslim woman to marry a non-Muslim man, even if he was from the People of the Book. The consensus is transmitted by al-Shafi’i, Ibn al-Munthir, al-Baghawee, Ibn Qudaamah, al-Qurtubee, and Ibn Taymiyyah.
feqhia
