Marriage Outside Islam
By Jamiatul Ulama (Kwazulu-Natal)
Some rules and laws for the Muslim man and woman.
It is permissible for a Muslim man to marry a Christian/Jewish woman strictly under these two conditions:
NB. Due to some threatening factors, it is discouraged to marry a Christian/Jewish woman. It is perhaps for these factors that Hadhrat Úmar (Radhiyallaahu Ánhu) stopped Muslims during his reign of power to marry Christian/Jewish women.
In the above two situations the Nikah remains intact.
The husband accepts Islam and the woman remains a non-Muslim. If the woman is an Ahlul-Kitaab (Christian or Jew as described above) then the Nikah is intact but if she follows some other faith then in an Islamic state the following procedure will be adopted:
The Qaadhi will invite her to Islam: if she accepts then the Nikah will be intact, but if she refuses or maintains silence then the Qaadhi will annul the marriage. If this situation occurs in a non-Islamic State then upon the woman spending three menstrual cycles, the Nikah will be instantly annulled.
If it is in an Islamic State the Qaadhi will invite him to Islam. If he accepts then the Nikah will remain. If he rejects or maintains silence then the Qaadhi will effect a separation. In a non-Islamic State the woman will be divorced upon three menstrual cycles. The woman will then have to observe another three menstrual cycles on observing Iddat.
If the husband renegades then the marriage is instantly annulled.
If the wife renegades then - according to the preferred opinion - this does not effect the Nikah. She will still be his wife. However, until she does not accept Islam the husband cannot cohabit with her.
Department of Social and Welfare and Darul