What is the ruling on a Muslim woman marrying a disbeliever?
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Question:
The questioner says: My sister married a non-Muslim Indian man and bore him a son and a daughter, and they are non-Muslims. My sister is a Muslim and prays the five daily prayers. She is currently in a non-Muslim country, the country where she was raised since childhood. What is her ruling? And is it permissible for me to appear as a mahram (guardian) for her daughter and her daughter's daughters?
Answer:
It is not permissible for a Muslim woman to marry a disbeliever. The contract is not valid; it is invalid. Allah the Exalted said:[Al-Baqarah 2:221]. Allah the Exalted said: [Al-Mumtahanah 60:10]. So this contract is invalid. As for the daughters, they are her daughters as long as she gave birth to these daughters; the children are attributed to their mother, so they are her daughters. And you are a mahram to them because they are your sister's daughters. But she must not remain with the disbeliever; separation between them must be effected as soon as possible. Yes.
The questioner says: My sister married a non-Muslim Indian man and bore him a son and a daughter, and they are non-Muslims. My sister is a Muslim and prays the five daily prayers. She is currently in a non-Muslim country, the country where she was raised since childhood. What is her ruling? And is it permissible for me to appear as a mahram (guardian) for her daughter and her daughter's daughters?
Answer:
It is not permissible for a Muslim woman to marry a disbeliever. The contract is not valid; it is invalid. Allah the Exalted said:
And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you.
وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا وَلَعَبْدٌ مُّؤْمِنٌ خَيْرٌ مِّن مُّشْرِكٍ وَلَوْ أَعْجَبَكُمْAnd if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them
فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم زواج المسلمة من الكافر؟ للشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.