Fatwa by: Sheikh Ibn Jibreen (Hafizahullah)
Question:
What is the Islamic ruling on a Muslim woman marrying a Christian man? What is the status of the children born from such a marriage? What is the ruling regarding the officiant of the marriage (who facilitates the marriage)? Additionally, what is the ruling on the woman if she is aware of the invalidity of such a marriage? Should the prescribed legal punishment (hadd) be implemented on her? If the husband converts to Islam after the marriage, what will be the status of the initial marriage, and how should a new marriage be conducted?
Answer:
It is strictly forbidden (haram) for a Muslim woman to marry a Christian man or any non-Muslim man. Allah Almighty states:
وَلَا تَنْكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّ
[Al-Baqarah: 2:222]
“And do not give your women in marriage to polytheists until they believe.”
And He also says:
لَا هُنَّ حِلٌّ لَهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ
[Al-Mumtahanah: 60:10]
“They (believing women) are not lawful (wives) for them (disbelievers), nor are they (disbelievers) lawful (husbands) for them.”
If such a marriage takes place, its annulment is obligatory immediately. If the woman was aware of the marriage and its Islamic ruling, then she is subject to discretionary punishment (ta'zir). Similarly, the guardian (wali), witnesses, and the officiant (marriage registrar) are subject to discretionary punishment if they were aware of the Islamic ruling regarding this marriage.
The children born from this marriage will be considered Muslims, following the religion of their mother. If the husband converts to Islam after the marriage and his sincerity in Islam is confirmed, then a new marriage (nikah) will be required. The condition of verifying sincerity in Islam is to ensure that he is not using the conversion as a pretext merely to validate the marriage. If he subsequently renounces Islam, he is subject to capital punishment, as the Prophet (صلى الله عليه وسلم) said:
من بدل دينهٔ فاقتلوه
[Bukhari, Book of Jihad, Chapter 149]
“Whoever changes his religion, kill him.”
This emphasizes the seriousness of apostasy and the conditions under which the marriage can be considered valid or annulled.
Question:
What is the Islamic ruling on a Muslim woman marrying a Christian man? What is the status of the children born from such a marriage? What is the ruling regarding the officiant of the marriage (who facilitates the marriage)? Additionally, what is the ruling on the woman if she is aware of the invalidity of such a marriage? Should the prescribed legal punishment (hadd) be implemented on her? If the husband converts to Islam after the marriage, what will be the status of the initial marriage, and how should a new marriage be conducted?
Answer:
It is strictly forbidden (haram) for a Muslim woman to marry a Christian man or any non-Muslim man. Allah Almighty states:
وَلَا تَنْكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّ
[Al-Baqarah: 2:222]
“And do not give your women in marriage to polytheists until they believe.”
And He also says:
لَا هُنَّ حِلٌّ لَهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ
[Al-Mumtahanah: 60:10]
“They (believing women) are not lawful (wives) for them (disbelievers), nor are they (disbelievers) lawful (husbands) for them.”
If such a marriage takes place, its annulment is obligatory immediately. If the woman was aware of the marriage and its Islamic ruling, then she is subject to discretionary punishment (ta'zir). Similarly, the guardian (wali), witnesses, and the officiant (marriage registrar) are subject to discretionary punishment if they were aware of the Islamic ruling regarding this marriage.
The children born from this marriage will be considered Muslims, following the religion of their mother. If the husband converts to Islam after the marriage and his sincerity in Islam is confirmed, then a new marriage (nikah) will be required. The condition of verifying sincerity in Islam is to ensure that he is not using the conversion as a pretext merely to validate the marriage. If he subsequently renounces Islam, he is subject to capital punishment, as the Prophet (صلى الله عليه وسلم) said:
من بدل دينهٔ فاقتلوه
[Bukhari, Book of Jihad, Chapter 149]
“Whoever changes his religion, kill him.”
This emphasizes the seriousness of apostasy and the conditions under which the marriage can be considered valid or annulled.