Fatwa by: Former Grand Mufti of Saudi Arabia, Shaykh Ibn Bāz (رحمه الله)
Question:
What is the Islamic ruling on a Christian man marrying a Muslim woman? And if they have children, what is their status?
Answer:
A Christian man marrying a Muslim woman is invalid (bāṭil) in Islamic law. Allah (ﷻ) says:
وَلَا تَنْكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّ
“And do not marry polytheistic women until they believe…”
(Surah al-Baqarah 2:221)
And He also says:
لَا هُنَّ حِلٌّ لَهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ
“They (disbelieving women) are not lawful for them, nor are they (disbelieving men) lawful for them.”
(Surah al-Mumtaḥanah 60:10)
If a non-Muslim man marries a Muslim woman, the marriage is invalid, and any resulting children are considered illegitimate (children of fornication). These children remain with the mother and are attributed to her.
However, if the marriage occurred due to ignorance of the Sharīʿah ruling, the ruling is different: the marriage is still invalid, but the children are attributed to the father because the union was based on shubhah (doubtful intercourse).
If both parties were aware of the ruling and disregarded Allah’s commands, then the children are considered illegitimate (children of fornication) and are only attributed to the mother. In such a case, the man would be subject to the prescribed punishment (ḥadd) for unlawful intercourse with a Muslim woman, provided that the Islamic authorities have the power to implement it.
If the man later accepts Islam and Allah grants him guidance, he may contract a new (valid) marriage with her.
And Allah knows best.
Question:
What is the Islamic ruling on a Christian man marrying a Muslim woman? And if they have children, what is their status?
Answer:
A Christian man marrying a Muslim woman is invalid (bāṭil) in Islamic law. Allah (ﷻ) says:
وَلَا تَنْكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّ
“And do not marry polytheistic women until they believe…”
(Surah al-Baqarah 2:221)
And He also says:
لَا هُنَّ حِلٌّ لَهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ
“They (disbelieving women) are not lawful for them, nor are they (disbelieving men) lawful for them.”
(Surah al-Mumtaḥanah 60:10)
If a non-Muslim man marries a Muslim woman, the marriage is invalid, and any resulting children are considered illegitimate (children of fornication). These children remain with the mother and are attributed to her.
However, if the marriage occurred due to ignorance of the Sharīʿah ruling, the ruling is different: the marriage is still invalid, but the children are attributed to the father because the union was based on shubhah (doubtful intercourse).
If both parties were aware of the ruling and disregarded Allah’s commands, then the children are considered illegitimate (children of fornication) and are only attributed to the mother. In such a case, the man would be subject to the prescribed punishment (ḥadd) for unlawful intercourse with a Muslim woman, provided that the Islamic authorities have the power to implement it.
If the man later accepts Islam and Allah grants him guidance, he may contract a new (valid) marriage with her.
And Allah knows best.
