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Islamic Rulings - Living Shariah Verdicts
Islamic Questions & Answers
I am a 32-year-old woman and I have not been married
before. Now a righteous man has come to propose to me,
but my family are rejecting this man because he is
Sunni. Please note that my family are Shi'ah, but I
have been a Sunni since a young age. Is it permissible
for me to marry without the approval of my family or
my mother?.
Praise be to Allaah.
Firstly:
We praise Allah for having brought you out from
darkness to light and having guided you to the truth.
This is a great blessing, so strive to give thanks for
it by adhering to it, calling others to it and
appreciating it.
Secondly:
A woman does not have the right to give herself in
marriage. Rather it is essential that she be given in
marriage by her guardian; otherwise her marriage
contract is invalid. This is the view of the majority
of scholars, and indeed no difference of opinion
concerning that is known among the Sahaabah (may Allah
be pleased with them).
If the situation is as you say, and there is no one of
your family who is following the correct beliefs, and
your family believe that the Qur'aan is distorted,
that the Sahaabah are disbelievers and their imams are
infallible, and they slander ‘Aa'ishah and follow
other beliefs that constitute kufr, and they refuse to
let you marry a righteous man who is a Sunni, then
their guardianship of you is waived, because of the
difference in religion between you and them on the one
hand, and their preventing you from marrying a
compatible suitor on the other. Either one of these
reasons is sufficient to waive their guardianship of
you with regard to your marriage.
Based on that, you can get married without their
consent. Refer your case to the shar'i judge so that
he may arrange your marriage. If there is no shar'i
judge, then a man of good character among the Muslims
in your country, who has some standing and position of
authority over the Muslims, may arrange your marriage.
We have discussed that in the answer to question
number 7989.
And Allah knows best
Marriage Of A Muslim Woman To A Kafir Man Is Invalid And Intercourse With Him Is Zina
What is Islam's attitude towards a Muslim woman
who marries a non-Muslim man, because she needed to do
that, i.e. she was forced into this marriage?.
Praise be to Allaah.
It is not permissible for a Muslim woman to marry a
kaafir, and the marriage is not valid.
Allaah says (interpretation of the meaning):
"And give not (your daughters) in marriage to Al-Mushrikoon[polytheists]
till they believe (in Allaah Alone)"
[al-Baqarah 2:221]
"O you who believe! When believing women come to you
as emigrants, examine them; Allaah knows best as to
their Faith, 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"
[al-Mutahanah 60:10].
The fact that she was forced into that does not
justify her giving in and surrendering to this
marriage. The Prophet (peace and blessings of Allaah
be upon him) said: "There is no obedience to any
created being if it involves disobedience to the
Creator."
This marriage is regarded as invalid, and intercourse
with him is zina (fornication, adultery). End quote.
Al-Muntaqa min Fataawa al-Shaykh Saalih al-Fawzaan
(3/174).
What is the punishment for a Muslim
woman who marries a Kafir?
How is a woman to be punished if she marries a
Christian? How often is it carried out and in what
countries is it most common? - Written by Shaykh ‘Abd
al-Rahmaan al-Barraak
It is not permissible for a Muslim woman to marry a
kaafir (non-Muslim), whether he is Jewish, Christian
or an idol-worshipper, because the man has authority
over his wife, and it is not permissible for a kaafir
to have authority over a Muslim woman. For Islam is
the true religion and all other religions are false.
Allaah says (interpretation of the meaning):
"And give not (your daughters) in marriage to Al-Mushrikoon
till they believe (in Allaah Alone)" [al-Baqarah
2:221]
"And never will Allaah grant to the disbelievers a way
(to triumph) over the believers" [al-Nisaa' 4:141]
And the Prophet (peace and blessings of Allaah be upon
him) said: "Islam should prevail and should not be
prevailed over."
If a Muslim woman marries a kaafir when she knows the
ruling, then she is a zaaniyah (adulteress), and her
punishment is the punishment for adultery. If she was
ignorant of the ruling then she is excused, but they
must be separated, and there is no need for a divorce
because the marriage is null and void. On this basis,
the Muslim woman whom Allaah has honoured with Islam
and her guardian must beware of that and must adhere
to the limits set by Allaah, and they must feel proud
of Islam. Allaah says (interpretation of the meaning):
"Those who take disbelievers for Awliyaa' (protectors
or helpers or friends) instead of believers, do they
seek honour, power and glory with them? Verily, then
to Allaah belongs all honour, power and glory" [al-Nisaa'
4:139]
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