Chapter 38

Stay away from the grave (1). Imam Ahmad (may Allah have mercy on him) was asked about a Muslim whose Jewish or Christian relative passes away: what should he do? He replied: He should ride his mount and walk in front of the funeral procession, not behind it, and when they intend to bury [the deceased], he should return (2). ¶

It is not permissible for a Muslim to throw dirt upon his disbelieving relative upon reaching the grave, unless there is no one else among the disbelievers to perform this task; such a case falls under the category of necessities that are measured according to their extent. ¶

However, there is a vast difference between what is and what ought to be. Most Muslims have exchanged the favor of Allah for disbelief and have led their people to the abode of destruction. We do not wish to elaborate on this subject by citing examples, as one specimen of those shameful events that make one blush with embarrassment is sufficient. The illness of Tito drew the attention of the entire global media, including the feeble media in Muslim countries. Allah prolonged his illness for several months, and every moment we heard from various media outlets minute details about every hour of his agony until Allah destroyed him. After his death, Jews, Christians, and polytheists followed his funeral, and there is no wonder in that, for disbelief is a single creed (millah). ¶

But the wonder is that people who are counted among the Muslims rush to participate in the funeral procession of this disbeliever who was at war with Allah, His Messenger, and the believers—who exterminated more than a million Muslims in Yugoslavia after taking power there. He threw Muslim men and women into meat grinders used for making 'corned beef,' so that they would emerge on the other side as a pulp of flesh, bones, and blood (3). ¶

He was not content with fighting Muslims in Yugoslavia; rather, he established friendships with many. ¶

Among the leaders who rebelled against Islam, in order to wage war against Islam in Muslim lands. He was, in fact, a close friend of Abdel Nasser (1). For a quarter of a century, the effects of that friendship appeared in the plight of Egypt, which suffered from the war against Islam and Muslims at the hands of Abdel Nasser, his successor Sadat, and their sinful soldiers. ¶

If we compare the stance of states that claim Islam regarding their concern for Tito during his illness, Bhutto during his trial and execution, and the Pope when he was wounded in an assassination attempt, with their stance towards Muslims in general in Syria, Afghanistan, the Philippines, Egypt, Tunisia, and other Islamic countries—where Muslims are being slaughtered by the thousands and prisons are overflowing with them—yet no one mentions them or talks about them in global or regional media because they are Muslims. ¶

Many Islamic scholars and leaders of thought have passed away, such as Sayyid Qutb, Hassan al-Hudaybi, and Abul A'la al-Mawdudi. Necmettin Erbakan was imprisoned for a long time, and Issam al-Attar was exiled and found no one to shelter him except a disbelieving state, West Germany. Despite this, neither the foreign media nor the media affiliated with it in Islamic countries accorded them the attention and appreciation they deserved, while the media attributed to Islam is preoccupied with people who are the fuel of Hellfire. ¶

The matter has gone beyond funeral processions for recently deceased infidels to visiting the remains of infidels who died thousands or hundreds of years ago. Many of the rulers imposed upon the necks of Muslims steal from the sustenance and clothing of the weak to buy roses and flowers to place on the grave of the Jew Marx, his brother Lenin, Mao Zedong, Tito, the Unknown Soldier in France, the graves of the British royal family, and idols. ¶

(1) See 'Nafidha ala al-Jahim' by a group of writers, 'Al-Bawwaba al-Sawda' by Ahmed Raif, 'Al-Qabidun ala al-Jamr' by Muhammad Anwar Riyad, and 'Al-Fara'ina al-Sighar fi Hilton al-Nasiriya' by Jabir Rizq. ¶

The Jews, Atatürk in Turkey, and other such idols; is there any loyalty to the disbelievers greater than befriending them, only for them to become fuel for Hellfire and perished remains in the dust? ¶

As for the issue of offering condolences (ta'ziyah) to disbelievers: If the disbeliever is a combatant (muharib) against Allah, His Messenger, and the believers, then offering him condolences is absolutely impermissible, a ruling derived from the practice of the Messenger of Allah ﷺ and his companions. However, if the disbeliever is a dhimmi, a musta'min (one granted security), or peaceful, many scholars have withheld judgment when asked about it, foremost among them Imam Ahmad ibn Hanbal (may Allah have mercy on him), who, when asked more than once, replied: 'I do not know.' It is reported from Harim that he heard al-Ajalh offer condolences to a Christian, saying: 'You must have taqwa of Allah and be patient.' Harb said: 'I asked Abu Ishaq: How should a Muslim offer condolences to a polytheist? He said: He should say, May Allah increase your wealth and your children.' As for a disbeliever offering condolences to a Muslim, there is no evidence indicating its prohibition, nor is there a specific formula reported for the response. Abbas ibn Muhammad al-Duri asked Imam Ahmad: 'A Jew or a Christian offers me condolences; what should I say back to them?' He lowered his head for a moment, then said: 'I do not recall anything [specific] regarding that.' Abu Yusuf mentioned that it reached us that a Christian man used to come to Hasan al-Basri and attend his gatherings. When he died, Hasan went to his brother to offer condolences and said to him: 'May Allah reward you.' ¶

May you receive for your affliction the same reward as one who has been afflicted with a similar trial among the people of your faith. May Allah bless death for us and make it the best hidden reality we await.(1) You must practice patience regarding the afflictions that befall you. ¶

In summary, it is not permissible to participate in the funeral processions of belligerent disbelievers (kuffar muharibun) nor attend their funerals in any manner that reflects appreciation or respect. If this were permissible, the Messenger of Allah (peace be upon him) would have done so for his uncle, Abu Talib. However, it is permissible to conceal the body of a belligerent disbeliever in a well or similar place if there is no one among the disbelievers themselves to handle it. ¶

As for the dhimmi (protected subjects), those under treaty, and peaceful disbelievers, the fundamental rule is not to attend their funerals. An exception is made if the deceased is a father, brother, or son of a Muslim; in such a case, it is permissible for the Muslim to accompany the procession, provided he does not attend their religious rites (prayer) in a church or similar venue. Furthermore, he should not be present at the time of burial unless there is no one among the disbelievers to bury them, in which case he may proceed with the burial out of necessity. ¶

Regarding the issue of offering condolences (ta'ziyah): if the disbeliever is at war with Allah, His Messenger, and the believers, then offering condolences is absolutely prohibited regarding belligerent disbelievers. ¶

As for the dhimmi, those under treaty, and peaceful disbelievers, the jurists (fuqaha) have expressed both permission and prohibition. Those who permitted it stipulated the intention of showing kindness and inviting them to Allah. ¶

And Allah is the Guide and the Giver of success to the right path. ¶

Fourth Section: Marriage with Infidel Women and Giving Muslim Women in Marriage to Them ¶

An objector might argue that taking infidels as allies (muwalat) is not forbidden to the extent we have described in the previous discussions of this treatise. They might argue that the Almighty’s saying: 'You will not find a people who believe in Allah and the Last Day having affection for those who oppose Allah and His Messenger' (Surah Al-Mujadilah: 22) is not absolute in its scope. This is because a woman from the People of the Book, whether she is a dhimmi or a belligerent (harbi), falls under those whom Allah has forbidden us from befriending and loving. How, then, is it permissible to marry her, acting upon the Almighty’s saying: 'This day [all] good foods have been made lawful, and the food of those who were given the Scripture is lawful for you and your food is lawful for them. And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse, nor taking [secret] lovers. And whoever denies the faith - his work has become worthless, and he, in the Hereafter, will be among the losers' (Surah Al-Ma'idah: 5), alongside the prohibition of having affection for those who oppose Allah and His Messenger? Knowing that marriage to a woman of the People of the Book involves affection, and this affection and support result in the [following] verse: 'And of His signs is that He created for you from...' ¶

For you from among yourselves, spouses, that you may find tranquility in them, and He has placed between you affection and mercy. (1) How, then, do we reconcile between the verses prohibiting taking disbelievers as allies (muwalat) and the evidences permitting marriage to women from the People of the Book (Kitabiyyat), given the evidence that marriage involves affection for the spouse? ¶

The answer is that scholars hold two opinions regarding marriage to a Kitabiyyah woman, whether she is a Harbi (at war) or a Dhimmi: ¶

The First Opinion: This is the view of Ibn Abbas (may Allah be pleased with him), who asserts the prohibition of marrying women from the People of the Book. He is supported in this by some Shafi'is, the Hanbalis (according to the manifest position of the madhhab), and the Malikis (according to their most famous position). (2) They derive this from the following evidences: ¶

1. The saying of Allah the Almighty: "And do not marry polytheistic women until they believe" (3). The point of evidence is that the verse, in its generality, establishes the prohibition of marrying polytheistic women and those from the People of the Book who are considered polytheists, regardless of whether they are Dhimmi or Harbi. ¶

2. The saying of Allah the Almighty: "And whoever among you cannot find the means to marry free, believing women, then (let him marry) from those your right hands possess of your believing slave girls" (4). The verse indicates that for marriage to slave girls, their faith is a condition, as is the suitor's inability to afford the dowry of a free woman. Therefore, if faith is absent—such as if they are Kitabiyyat—the ruling (of permissibility) is lifted, and marriage to them is prohibited based on the legal principle that when a ruling is contingent upon a condition, the absence of the condition necessitates the absence of the ruling. ¶

Thus, the absence of faith in slave women necessitates the prohibition of marrying them. ¶

3. The saying of Allah the Almighty: "Fight those who do not believe in Allah nor in the Last Day, and do not consider unlawful what Allah and His Messenger have made unlawful, and do not adopt the religion of truth from those who were given the Scripture, until they give the Jizyah willingly while they are humbled." [Surah At-Tawbah: 29]. ¶

This verse indicates that whoever among the disbelievers does not pay the Jizyah to the Muslims and is in a state of war against them is required to be fought, and it is forbidden to love or be affectionate toward them. Therefore, it is not permissible for a Muslim to marry their women, because marriage is a form of affection and support. ¶

4. The saying of Allah the Almighty: "And do not hold onto the marriage bonds of disbelieving women." [Surah Al-Mumtahanah: 10]. Allah has forbidden the believers from keeping disbelieving wives, and He forbade them from keeping them in their wedlock through the prohibition stated in this verse. This serves as evidence for the prohibition of initiating marriage with them, because it is a means to the forbidden act, which is keeping disbelieving women in one's marriage, and that which leads to what is haram is itself haram. ¶

5. It is narrated with an authentic chain from Al-Layth, from Nafi', from Ibn Umar, that when he was asked about a man marrying a Christian or Jewish woman, he would say: "Allah has forbidden polytheist women to the believers, and I do not know of any greater shirk (polytheism) than a woman saying that her Lord is Isa (Jesus), when he is but a servant among the servants of Allah." The rationale (illah) for the prohibition, which necessitates its unlawfulness as mentioned in the verse, is present: "Those invite [you] to the Fire." [Surah Al-Baqarah: 221]. ¶

6 - Regarding the narration that Umar ibn al-Khattab (may Allah be pleased with him) separated those who married women from the People of the Book (Kitabiyyat). When Talha ibn Ubayd Allah married a Jewish woman and Hudhayfah ibn al-Yaman married a Christian woman, Umar became extremely angry. They said, 'We will divorce them, O Leader of the Faithful, so do not be angry.' He replied, 'If their divorce is permissible, then their marriage is permissible; however, I will forcefully separate them from you.' This indicates the impermissibility of Muslims marrying women from the People of the Book. If it were lawful and permissible, Umar would not have been angry, the Companions would have objected to his stance, and the occurrence of the divorce would have been validated. Thus, his separating them and not recognizing the divorce as the primary solution is evidence of their prohibition. ¶

Among the rational arguments for the prohibition of marrying women from the People of the Book are the following: ¶

1 - The status of a woman from the People of the Book involves a conflict between the text indicating her lawfulness—the Almighty's saying, 'And [lawful to you are] chaste women from those who were given the Scripture before you'—and the text indicating her prohibition—the Almighty's saying, 'And do not marry polytheistic women until they believe.' In such a case, one must revert to the original state, which is prohibition, because matters concerning marital relations require extreme caution; therefore, marriage to such women is prohibited for Muslims. ¶

2 - The woman from the People of the Book clings to a scripture that is subject to two possibilities: it has either been altered or abrogated. For the altered scripture, the attribute of being a 'Scripture' is removed, and similarly, for the abrogated one, its rulings are lifted. In this state, there is no difference between it and that which has no scripture at all. Consequently, the woman from the People of the Book falls under the ruling of one who has no scripture. Marriage to one in such a state is not permissible due to the significant deficiency present, rendering her equivalent to an idolater. ¶

This is a summary of the arguments of those who hold the view that marriage to women of the People of the Book (Kitabiyyat) and, a fortiori, other non-Muslim women is prohibited. According to this view, there is no contradiction between the verses prohibiting taking disbelievers as allies (muwalat) and the evidence prohibiting marriage with disbelievers. In fact, the opinion of those who prohibit marriage with non-Muslim women reinforces the evidence for the obligation of disassociation (mufasala) from disbelievers and avoiding social intimacy with them, as the Almighty justified the cessation of marriage with polytheists by saying: 'They invite to the Fire, while Allah invites to Paradise and to forgiveness, by His permission, and makes clear His verses to the people that perhaps they may remember' (Surah Al-Baqarah: 221). ¶

The second view: This is the position of those who hold the permissibility of marrying women of the People of the Book, and they have relied on the following evidence: ¶

The Almighty said: '...and chaste women from among those who were given the Scripture before you' (Surah Al-Ma'idah: 5). Allah has conjoined the 'chaste women' (al-muhsanat) in the verse to the 'good things' (al-tayyibat) whose lawfulness was explicitly stated at the beginning of the verse. The meaning of 'chaste women' is free women or virtuous women; therefore, the verse is evidence of the permissibility of free or virtuous women from the People of the Book, because the grammatical conjunction (atf) necessitates participation in the ruling. On this basis, the verse is definitive (muhkam) and its ruling is not abrogated if we accept the view that the verse of Al-Baqarah, which is the Almighty's saying: 'And do not marry polytheistic women until they believe,' does not apply to the People of the Book. Thus, each of the two verses addresses its own specific category, and consequently, there is neither abrogation nor specification. According to the second view—that the verse prohibiting polytheistic women covers women of the People of the Book—the verse of Al-Ma'idah, which is the Almighty's saying: '...and chaste women from among those who were given the Scripture,' would be a specification (takhsis) of the generalization in the Almighty's saying: 'And do not marry polytheistic women until they believe,' or it would be an abrogator (nasikh) of it, based on the well-known scholarly disagreement in the science of Usul al-Fiqh (Principles of Jurisprudence). ¶

Those who argue for the permissibility of marrying women of the People of the Book respond to the arguments of those who prohibit it as follows: ¶

1- Those who argue for the permissibility of marriage to a woman of the People of the Book respond to the Almighty's saying: 'You will not find a people...' ¶

"You will not find a people who believe in Allah and the Last Day having affection for those who oppose Allah and His Messenger" (1). This verse does not explicitly forbid marriage; rather, it necessitates a prohibition against showing affection towards the *Ahl al-Harb* (people at war) in general. Thus, prohibition cannot be established through analogy (*qiyas*) when a *nass* (textual evidence) is present, as the fact that a marriage contract is a form of affection and love does not necessarily imply that marriage itself is prohibited. The most the verse indicates is *karaha* (dislike/abomination) rather than *tahrim* (prohibition), especially since there are verses regarding maintaining ties with non-Muslim kin, such as the Almighty’s saying: "But if they endeavor to make you associate with Me that of which you have no knowledge, do not obey them but accompany them in [this] world with appropriate kindness" (2). Consequently, a wife, after the marriage contract, becomes one of the relatives, and treating her with kindness (*ma'ruf*) is mandatory, even if she is a non-Muslim, because it is part of the good conduct that might lead her to Islam. ¶

2 - Those who advocate the permissibility of marrying *Kitabiyyat* (women from the People of the Book) responded to the verse: "And whoever among you cannot afford to marry free, believing women, then [he may marry] from those whom your right hands possess of your believing slave girls" by stating that there is evidence indicating the removal of this condition. The verse "And [lawful to you are] chaste women from among those who were given the Scripture" includes both free women and slave women. The intended meaning of *ihsan* (chastity/being wedlocked) is merely chastity, which applies to both free women and slave women. Furthermore, it is permissible to draw an analogy between a *Kitabiyya* slave woman and a Muslim slave woman, based on the common factor of the permissibility of intercourse (*wat') in both cases through ownership (*milk al-yamin*). Thus, since it is permissible by consensus to marry a Muslim slave woman, it is likewise permissible to marry a *Kitabiyya* slave woman (3). ¶

3 - Those who uphold the permissibility of marrying *Kitabiyyat* also responded to the verse: "Fight those who do not believe in Allah or in the Last Day" (the verse) by stating that the verse calls for fighting. ¶

Those who refuse to pay the jizya to the Muslims, and not fighting those who pay it along with [the condition of] subjugation (sighar) and humiliation. Since there is no connection between the jizya and the permissibility of marriage, nor any connection between its non-payment and its prohibition, there is no evidence in the verse to indicate the prohibition or permissibility of marriage with a harbi (at war) Kitabiyya (Scriptuary/People of the Book) woman. (1) ¶

4. Those who view marriage between a Muslim man and a Kitabiyya woman as permissible respond to the verse of the Almighty: 'And do not hold onto the marriage bonds of disbelieving women' (Quran 60:10) by stating that the 'al' (definite article) in 'al-kawafir' (the disbelieving women) is for 'ahd' (referring to a specific covenant/group). 'Al-kawafir' refers to the specific polytheistic women who were idolaters, as the verse was revealed concerning the polytheistic women of Hudaybiyya who were as such. Therefore, the verse does not encompass Kitabiyya women. Furthermore, the address was directed at those who had polytheistic disbelieving women in their marriage bonds who remained in the Dar al-Harb (abode of war). As for Kitabiyya women, the implication of the verse does not include them in this respect. This is how the Sahaba (may Allah be pleased with them) understood it; Umar (may Allah be pleased with him) divorced two wives of his who were polytheists in Mecca when the verse was revealed at Hudaybiyya. (2) ¶

5. Those who argue for the permissibility of a Muslim marrying a Kitabiyya woman responded to what was narrated from Umar ibn al-Khattab (may Allah be pleased with him) regarding his command to Talha and Hudhayfa to leave their wives from among the disbelievers by saying that its chain of narration is not sound (ghayr jayyid al-sanad). Ibn Atiyyah stated this, and indeed, it was said that this report (athar) is 'ghareeb' (rare/isolated). They further stated that what was reported from Umar was that he said to those who married Kitabiyya women: 'Divorce them,' and they divorced them, except for Hudhayfa (may Allah be pleased with him), who said: 'It is Khamra (an intoxicating/seductive matter),' and he divorced her. This report indicates the absence of a strict prohibition in the final analysis, for if the marriage contract were not valid, Umar would not have requested a divorce from those who were married. This is supported by what Ibn Wahb and Ibn al-Mundhir narrated with a sound chain from Umar (may Allah be pleased with him) concerning his position on the permissibility of marrying Kitabiyya women. (3) ¶

(1) Previous source, same location. (2) Previous source, same location. See: Fatawa Ibn Taymiyyah, Vol. 4, p. 84. (3) See: Al-Mughni by Ibn Qudamah, Vol. 7, p. 500. See also: Al-Alaqat al-Ijtima'iyyah bayn al-Muslimin wa Ghayr al-Muslimin by Dr. Badran Abu al-Aynayn Badran, p. 51. ¶

6. Those who argue for permissibility responded to the first rational argument—that the fundamental principle in sexual relations is prohibition (taḥrīm), and thus precaution must be exercised, rendering marriage to Scriptural women (Kitābiyyāt) forbidden for Muslims—by stating that this assertion is not absolute and is not universally accepted. The verse of the Qur'an, 'And lawful to you are [all others] beyond these' (Surah An-Nisa: 24), after enumerating the prohibited categories for marriage, indicates that Scriptural women are included in the general permissibility and are not excluded from it. The verse prohibiting marriage to polytheistic women (mushrikāt) does not encompass Scriptural women. Therefore, the verse in Surah Al-Ma'idah, 'And [lawful to you are] chaste women from those who were given the Scripture,' serves to confirm the general permissibility to dispel any misconception of their prohibition, as some of the Companions understood it. 7. Furthermore, those who argue for permissibility responded to the second rational argument by stating that a woman whose scripture has been altered or abrogated can be categorized under those who possess a semblance of a scripture, given her altered book and the original validity of her religion. Thus, there is no equality between her and one who has no scripture at all. The Wise Legislator's distinction between them in rulings is a clear proof of this. The Shariah has protected the blood of the People of the Scripture, unlike the polytheists, and has permitted the slaughter of the People of the Scripture, unlike that of the polytheists. Therefore, it is appropriate that a Scriptural woman differs from a polytheistic woman in the ruling on marriage, and they are not equal in the prohibition of marrying them. Summary of the issue: The verse prohibiting affection toward the disbelievers is a general verse, and it does not explicitly state the prohibition of affection toward a non-Muslim wife. As for the issue of marriage to a Scriptural woman, and what... ¶

The consequence of this is that it is a disputed fiqhi (juridical) issue. We have pointed to the opinions of both parties regarding it and their evidences on this subject; however, we do not assert definitively the permissibility or prohibition of this issue. What appears from this matter, however, is that marriage to a woman of the People of the Book (Kitabiyyah) is makruh (disliked) according to the most moderate of opinions. The Hanafis, Malikis, and Shafi'is have all expressed the dislike of marrying a Kitabiyyah, even if they differ in the degree of dislike—ranging from makruh tanzih (disliked but not sinful) to makruh tahrim (close to forbidden)—depending on the type of Kitabiyyah, whether she is a dhimmi or a harbi residing within the Dar al-Islam or outside it. ¶

The Hanbalis differed in this regard, stating that marriage to a Kitabiyyah is absolutely permissible without dislike, which is contrary to the opinion of the majority and contradicts what is understood from the words of the Almighty: "And a believing slave woman is better than a polytheist, even though she might please you" (Surah al-Baqarah: 221), where Allah the Almighty has favored the Muslim woman over the disbelieving woman. There is no dispute that marriage to a Kitabiyyah is not on the same level of permissibility and equality as marriage to a Muslim woman. Therefore, it seems more likely to me that marriage to a Kitabiyyah is makruh in the best-case scenario. However, the issue revolves around maslaha (benefit) and mafsada (harm); thus, if it is strongly assumed that marriage to a Kitabiyyah contains a Shariah-based benefit for the husband, the wife, or the Muslims in general, it is permissible and even praiseworthy. If, however, it results in or is likely to cause harm to the Muslim in his religion or the religion of his children, or to the Muslims around him, it is forbidden due to the harms that arise from it, as 'averting harms takes precedence over bringing about benefits.' ¶

Those who argue for the permissibility of marrying women of the People of the Book believe that such a marriage, when contracted by a Muslim committed to Islam in word and deed, does not lead to allegiance (muwalat) to the disbelievers in the manner prohibited by Shariah, for reasons that are as follows: ¶

1. A Kitabi (Scripturalist) wife is equivalent to non-Muslim relatives such as parents and the like, for Allah Almighty has commanded kind treatment of parents even if they are non-Muslims, as He says: 'And accompany them in this world with kindness.' A wife holds a status similar to theirs; thus, no matter how high the degree of kindness shown to a Kitabi wife may be, it will never reach the rank of kindness toward parents, who share with her both disbelief and kinship. ¶

2. Showing kindness to disbelievers—whether they are kin like parents, a wife, or others—does not mean loving them in the heart in every respect. Nor does it mean compromising any part of Islamic rulings, no matter how small, in order to seek their pleasure or win their affection. Loyalty (wala') to Islam is of a higher status than the kindness and good company shown to disbelievers. Therefore, a Muslim sacrifices kinship with disbelievers when their demands clash with or contradict the demands of the Islamic creed, as we have mentioned in previous examples. Based on this, there is no 'muwalat' (allegiance/devotional loyalty) toward disbelievers in treating a Kitabi wife or non-Muslim parents with kindness and goodness. This is because absolute loyalty to disbelievers only occurs when one considers them equal to believers, ranks them closer than the people of Islam, or compromises any Islamic ruling to gain their affection and approval. This does not occur among Muslims who are committed to Islam, who place the love of Allah, His Messenger, and the believers above all other ties of kinship, lineage, or other interests. They do not prioritize anything over the will of Allah and His Messenger, regardless of its status or importance in their hearts. ¶

Thus, a believer’s love is directed toward what pleases his Lord, even if it contradicts his own desires, and his hatred is directed toward what his Lord dislikes, even if it aligns with his own desires, as Allah the Almighty said regarding Joseph (peace be upon him). ¶

(Peace be upon him): 'My Lord, prison is more to my liking than that to which they invite me,' even though sexual intercourse is something naturally desirable to the soul. Allah the Almighty says: 'Beautified for people is the love of that which they desire - of women and sons, heaped-up sums of gold and silver.' However, because this intercourse would have been through a path that Allah dislikes and is angry at the perpetrator for, he abandoned it. ¶

3- Women who marry Muslims do not fall under the concept of those who oppose Allah and His Messenger in the words of Allah the Almighty: 'You will not find a people who believe in Allah and the Last Day having affection for those who oppose Allah and His Messenger,' due to their weakness, their limited status, and their subservience to their husbands in this regard. Allah the Almighty says: 'Allah does not forbid you from those who do not fight you because of religion and do not expel you from your homes - from being righteous toward them and acting justly toward them. Indeed, Allah loves those who act justly.' A group of exegetes have mentioned that this verse refers to women and children, for kindness and maintaining ties with them is not forbidden as long as they hold this status. Rather, those whom one is forbidden from taking as allies are those mentioned by Allah in His words: 'Allah only forbids you from those who fight you because of religion and expel you from your homes and aid in your expulsion - that you make allies of them. And whoever makes allies of them, then it is those who are the wrongdoers.' ¶

It is known with certainty that a woman who has consented to marry a Muslim and has entered under his protection, even if she is a person of the Book (Kitabiyyah), is not included among those whose alliance is forbidden according to this verse. ¶

4- A Muslim committed to Islam cannot be tolerant regarding that which would alienate him and his children (from their faith). ¶

In Islam, even if a wife is a non-Muslim, she is generally and customarily unable to influence the creed of her husband or his children, given the strength of will that a man possesses and his right of qawwamah (guardianship/stewardship) over the woman. Therefore, Islam has entrusted the safety of a man and his children from deviation—first and foremost—to the protection and guidance of Allah, and secondly, to the man’s strength, the firmness of his faith, and the intensity of his religious zeal for the sanctities of Allah. ¶

However, the situation has changed today for those who marry women of the People of the Book (Kitabiyyat), as most of them are not committed to Islam themselves. This indicates their lack of eligibility, from an Islamic perspective, to be husbands even to Muslim women, let alone non-believing women. Most of those who marry non-believing women in this era only make the decision to marry after a series of forbidden acts and illicit encounters, added to which are the abandonment of prayer and the consumption of prohibited substances. Thus, they do not represent the Islamic ideal of marriage to a woman of the People of the Book. Furthermore, the non-believing women whom some who claim to be Muslim marry are not 'People of the Book' in the true sense; they do not believe in the Church, its doctrines, or its authority. Moreover, most of them are not 'muhsanat' (chaste/virtuous) due to the rampant permissiveness in social relations among non-believers. This deprives the non-believing woman of the validity of a marriage contract with a Muslim, because Islam—according to those scholars who permit marriage to women of the People of the Book—has stipulated conditions: first, that she must be a true follower of a revealed book (and those who do not believe in any scripture do not fit this description, which is the case with many Western women); and second, the condition of 'ihsan' (chastity). This second condition is almost non-existent among many non-believing women, given that they view the issue of chastity as a personal and private matter, having no place in their moral framework. The absence of these two conditions makes marriage to such a woman void according to the consensus of Muslims and the text of the Holy Qur'an. (1) ¶

Most of those who have married women of the People of the Book in this era have failed miserably. ¶

(1) See: Al-Da'wah Journal (Saudi Arabia), Issue 812, Monday, 11/9/1401 AH, pp. 24-25. ¶

Since most of them have become alienated from the religion of Islam, after his disbelieving wife eradicated the remaining vestige of Islamic conceptualization he possessed, most disbelieving women have also gained dominance over the man in matters concerning the religion and even the naming of their children. They have found in jahili (ignorant) laws and man-made systems protections that support them and stand against the man's rights and his guardianship over his children. ¶

Indeed, the harm of marrying women from the People of the Book in this era has been proven, given that those who marry them are often Muslims in name only. This has resulted in many evils, as most disbelieving nations do not recognize Islamic rulings regarding marriage, divorce, and the custody of children. This problem has been widely faced by most expatriates who went to America and Europe; when they wished to return to their home countries, their wives refused to accompany them and retained their children, and the judiciaries of those countries stood with the disbelieving women. We mention one example that illustrates the tragedy that befalls expatriates from Islamic countries. ¶

The Aramco company sent one of its Saudi employees, named 'Hazza', to the United States of America. Hazza met an American girl and married her, and she bore him a son whom she named 'Henry bin Hazza' and a daughter whom she named 'Lena bint Hazza'. When he wanted to return to his country, the wife refused to come with him and held onto her children, and the judiciary stood with her. Consequently, Hazza returned empty-handed, leaving Henry and Lena behind in the United States of America. ¶

Can such a marriage be considered successful? And does Islamic Shariah permit such a marriage in which the man’s guardianship (qayyumiyya) is forfeited to the extent that he loses the right even to choose the names of his sons and daughters? ¶

After this detailed review of the subject of marriage with women of the People of the Book (Kitabiyyat), I cannot definitively declare this matter as permissible or prohibited. However, I believe this subject should be presented before the mujtahid scholars so they may reach a final verdict. In the event that they incline toward permitting marriage with women of the People of the Book, they must establish detailed conditions regarding the rights of both husband and wife to eradicate the moral laxity currently resulting from marriage with non-believing women in our era. This is to ensure that Islamic rulings are not exploited by those who are equally distant from both Islam and the People of the Book. ¶

As for the issue of a Muslim woman marrying a non-Muslim man, Islam has stood as a barrier between the Muslim woman and marriage to a non-Muslim. This is because a woman is generally of weaker resolve before her husband; thus, it is feared that she might obey him in matters of disobedience to Allah, join him in apostasy from the religion of Allah, or support him in matters that invoke the wrath of Allah. For this reason, Islam has prohibited the marriage of a Muslim woman to a non-Muslim, while permitting a Muslim man to marry a woman from the People of the Book—according to the opinion of those who allow it, albeit with certain reservations regarding such a marriage. ¶

By the decree of Islamic Shariah, it is impossible for a Muslim woman to marry a non-Muslim, and in all the centuries that have passed, there has never been an incident indicating a departure from this rule. ¶

However, the enemies of Islam, through their concentrated missionary efforts, are attempting to break this barrier through those of weak faith, or those who are only nominally associated with Islam but not in reality; in the true concept of Islam and their current state of affairs, they are apostates and outside the fold of Islam. ¶

He mentioned that six such cases occurred in the Comoros Islands under the weight of poverty, ignorance, and material temptation, and under an authority that does not apply the rulings of Islam (1). Similar situations occurred in Indonesia, the Philippines, and some African countries. This individual behavior does not harm Islam as much as it burdens the perpetrator with sin, because a true Islamic state is absent to address such matters. ¶

Among the instances of a Muslim woman marrying a disbeliever is what occurs among some Muslims in the present era, when they marry their women to persons who adopt ideologies or belong to parties outside of Islam, which necessitate the kufr (disbelief) of those who belong to them or hold their beliefs, such as those who embrace Communism or belong to its parties or support them in their kufr. Similar to this is one who belongs to the Ba'ath Party or socialist parties. It is not permissible for Muslim women to marry them from the outset because they are not Muslims; likewise, it is not permissible for Muslim women to remain in the wedlock of such men after they embrace those infidel ideologies that necessitate the kufr of anyone who believes in them, follows them, or calls to them, for whoever exits the Party of Allah enters the Party of Satan without dispute. The Almighty says: 'And whoever desires other than Islam as religion - never will it be accepted from him, and he, in the Hereafter, will be among the losers' (2). ¶

We have mentioned the response of the Al-Azhar Fatwa Committee regarding the marriage of a Muslim woman to a Communist and that it is an invalid marriage (3). All affiliations and beliefs that necessitate the kufr of their holder and their apostasy from Islam are measured against this state. As for if a woman embraces Islam while she is in the wedlock of a disbeliever—whether he is a Jew, a Ba'athist, a Christian, a socialist, a Communist, or an idolater—if this is before consummation, the school of the majority of scholars and jurists is that separation occurs between them immediately. As for if the woman's Islam is after consummation, some scholars have said that if he (the husband) embraces Islam during her waiting period (iddah), she remains in his marriage, but if he does not embrace Islam... ¶

Until the waiting period (iddah) expired, upon which she became irrevocably separated from him. There is another view, however, which suggests that if a woman converts to Islam, she is given the choice between seeking separation or waiting for her husband's conversion, regardless of how long the period may be, and this is the most preponderant (rajih) opinion.(1) However, she is not obligated to wait or remain with the unbelieving husband during the iddah, acting upon the words of the Almighty: 'And never will Allah give the disbelievers over the believers a way [to overcome them].'(2) ¶

As for the case where the husband converts to Islam and the wife does not, she is invited to embrace Islam. If she converts during the iddah, their marriage remains intact; if she refuses, the marriage is annulled the moment she refuses, whether this occurs before or after consummation. This applies if the wife is a polytheist (idolater) or a woman of the People of the Book (Kitabiyyah), according to the view that holds marriage to women of the People of the Book as invalid for Muslims, as previously mentioned.(3) However, those who hold the view that it is permissible for a Muslim man to marry a woman of the People of the Book do not obligate the Kitabiyyah wife to separate from her Muslim husband.(4) And Allah is the Guide to the straight path. ¶

(1) See Ahkam Ahl al-Dhimmah, Ibn Qayyim al-Jawziyyah, Vol. 1, pp. 321-345; and see Al-Kafi fi Fiqh Ahl al-Madinah al-Maliki, Yusuf ibn Abdullah al-Qurtubi, Vol. 2, pp. 549-550. (2) Surah An-Nisa, verse 141. (3) See pp. 700-703 of this treatise. (4) See pp. 703-710 of this treatise. ¶