Marriage with Non-Muslims

Can a Muslim woman marry a non-Muslim man, and can a Muslim man marry a non-Muslim woman?

It is known by necessity that the Shari'ah forbids a Muslim woman from marrying a non-Muslim man. Any such marriage is considered null and void, and holds no value whatsoever. This applies to a Muslim woman who marries a man from the People of the Book (Jews and Christians), or any other man from the disbelieves, be they atheists, Hindus, Buddhists, Druze and so on.

Evidence about this is clear cut from the Qur'an,

"O you who believe! When believing women come to you as fugitives, examine them. Allah is best aware of their faith. Then, if you know them for true believers, do not send them back to the disbelieves. They are not lawful for the disbelieves, nor are the disbelieves lawful for them." [TMQ 60:10]

This ayah holds one single meaning that is; that Muslim women are not lawful for the disbelieves.

As for those who claim that a Muslim woman in some circumstances is allowed to marry a non-Muslim man, backing their claim with the ayah,

"And the adulteress none marries her except an adulterer or a mushrik (male polytheist)" [TMQ 24:3]

and say that since the Muslim woman fornicator is considered to be a rebel rather than a disbeliever, and since the polytheist is a disbeliever, therefore a Muslim woman is thus being allowed to marry a disbeliever or an atheist; we seek Allah's refuge from such obscenities.

To briefly answer this flagrant slander, we have to say that referring to this ayah in such a way is erroneous and misplaced. The interpretation of the ayah is quite simply wrong. Furthermore, it is libellous and harmful to the deen of Allah (swt) and a slander against Muslims. It does not be-fit a Muslim who has even the slightest Islamic education to utter such a statement; he has no excuse whatsoever even if he was not fluent in Arabic. To demonstrate this, let us state the whole of the ayah,

"The adulterer marries not but an adulteress or a mushrikah (female polytheist) and the adulteress none marries her except an adulterer or a mushrik (male polytheist). Such a thing is forbidden to the believers." [TMQ 24:3]

The meaning of the word yankahu in this verse is in fact illegal intercourse (watu') . There are actually two types of watu':

1. A watu' between a man and a woman, that satisfies all the Islamic requirements. This would be a legal nikah (i.e. contract of marriage, witnesses etc.).

2. A watu' between a man and a woman without a contract of marriage, and that is illegal nikah i.e. zina. Nikah can thus sometimes mean zina, and sometimes marriage. In this verse, it means zina, and this is demonstrated by three different angles:

i) The meaning of nikah in the ayah itself means intercourse without contract, which says that the fornicator, whether Muslim or disbeliever, does not commit this act except with a woman like him; and that the woman fornicator would not commit this act except with a man like her.

ii) The ayah ends with the words, "To the believers such a thing is forbidden" i.e. Allah (swt) has forbidden zina to the believers. Linguistically, 'such a thing' refers to the word 'yankahu' - illegal intercourse i.e. the zina. The ayah has nothing to do with marriage at all.

iii) The ayah is linked to the words mushrik and mushrikah (polytheist man and the polytheist woman respectively). This clearly indicates that the word nikah here means zina; for we have clear-cut evidence from the Qur'an that it is prohibited for a Muslim man to marry a polytheist woman,

"Do not marry polytheist women until they believe; A slave woman who believes is better than a polytheist woman, even though she allure you. And give not your woman in marriage to polytheist men until they believe; A man slave who believes is better than a polytheist man, even though he allure you. Such people call you towards the fire, but Allah calls you, by His leave, to the Garden and to forgiveness, and makes His signs clear to mankind that haply they may remember." [TMQ 2:221]

There is not doubt in this ayah about the prohibition of marrying polytheists for both men and women. Therefore, under no circumstances or pretexts is the Muslim woman allowed to marry a non-Muslim. The Muslim man is only allowed to marry a Muslim woman of muhsana (unblemished reputation) or a Christian or Jewish muhsana. Muhsana means not married and with unblemished reputation, and there being no other lawful restrictions. The Muslim man is forbidden from marrying an atheist, Buddhist, Hindu, or any other disbelieving women except those from the People of the Book (i.e. Christians or Jews), for there are texts allowing Muslim men to marry, from their women;

"And respectable believing women (are lawful to marry) as well as respectable women from among those who were given the Book before you." [TMQ 5:5]

There are no differences of opinion between the Islamic Schools of Thought, nor between the distinguished former scholars and the present ones, about the prohibition of a Muslim woman marrying a non-Muslim man.