The Ruling on the Marriage of a Disbeliever to a Muslim Woman and the Marriage of a Muslim Man to a Disbelieving Woman
After perusing the objections of the Islamic Organizations in Singapore and they are:
a) The Organization of Islamic Missions in Singapore
b) PERAINZ
c) Al-Muhammadiyyah
d) PERTAS
e) PERTAPES
to what has been written in the agreement on the rights of a woman regarding the permission for the Muslim man and woman to marry one who does not follow the Islamic religion and what this includes, the Committee of the Islamic Figh Academy has decided unanimously on the following:
Firstly: The marriage of a disbelieving man to a Muslim woman is forbidden; it is not permissible according to the complete agreement of the Muslims scholars, and there is no doubt in.
this, according to the legal texts: Allah, Most High says:
"And give not (your daughters) in marriage to Al-Mushrikün till they believe (in Allah Alone)"and He, Most High says:
"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 them (disbelievers) that (amount of money) which they have spent (as their Mahr) to them.
And the repetition in the Words of Him, Most High:
"They are not lawful (wives) for them (the disbelievers, nor are they (the disbelievers) lawful (husbands) for them."
indicates emphasis and confirmation of the forbiddance, and the cutting off of relations between the believing woman and the pagan man. And the words of Him, Most High:
"But give them (the disbelievers) what they have spent."
Is a command to give the disbelieving husband what he spent on his bride if she embraces Islam, so that he does not combine the loss of a wife with a financial loss.
If a disbelieving wife is married to a disbelieving husband, she becomes forbidden to him by her acceptance of Islam and she is not permissible to him after that.
Therefore, how can it be said that it is allowed for a disbelieving man to undertake a contract of marriage with a Muslim woman? In fact, Allah has permitted marriage to a pagan woman after she embraces Islam when she is married to a disbelieving man, since she is not permissible to him, due to her acceptance of Islam. So at that time, it is permissible for a Muslim man to marry her, once she has completed her waiting period, as has been determined by the Words of Allah, Most High:
"And there will be no sin on you to marry them if you have paid their Mahr to them."
Secondly: Likewise, the Muslim man is not permitted to marry a pagan woman, according to the Words of Allah, Most High:
"And do not marry Al-Mushrikāt (idolatresses) till they believe (worship Allah Alone).
and to the Words of Him, Most High:
"Likewise hold not the disbelieving women as wives."
And 'Umar, may Allah be pleased with him, divorced two of his wives who were pagans when this Verse was revealed. Ibn Qudamah Al-Hanbali has reported that there is no dispute over the prohibition of marrying pagan women, except for the marriage of (a woman from) the People of the Scripture to a Muslim man.
As for those women who are chaste from among the People of the Scripture, it is permissible for the Muslim man to marry them, and the scholars do not disagree upon this, except the Shiites, who said that it is forbidden. But it is better for the Muslim man not to marry a Christian or Jewish woman, when there are free, Muslim women available. Shaikh Al-Islam, Ibn Taimiyyah said: "It is disliked to marry them when there are free, Muslim women available." He said it in Al-Ikhtiyarat, and it was said by Al-Qadhi and most of the scholars, based upon the saying of 'Umar, may Allah be pleased with him, to those who married women from among the People of the Scripture: "Divorce them." So they divorced them, except Huthaifah, may Allah be pleased with him, who refused to divorce his wife; but he divorced her later on. This is because, when the Muslim. marries a Jewish or Christian woman, his heart may become inclined towards her, and she may become a source of trial and temptation (Fitnah) for him in matters of religion, and they may have a son, and so he becomes inclined towards her (and her religion) and Allah knows best.
Source:
Fatawa Islamiyah, Vol. 5
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