A man wants to marry a woman from the People of the Book who has no guardian; what should he do? And what is the Shaykh’s advice and guidance?
Machine translationRead the Arabic original
The questioner: My dear Shaykh, regarding the one who marries a person from the dhimmis or the People of the Book.
The Shaykh: A woman from the People of the Book, meaning.
The questioner: From the People of the Book.
The Shaykh : Yes.
The questioner: If her father is not present, who is her father? And is it permissible to contract the marriage before she publicly declares her Islam in the mosque?
The student: Peace be upon you.
The Shaykh: - And upon you be peace and the mercy of Allah and His blessings - My brother, first, there are several issues here. The first issue concerns the guardian; the permission of the guardian is necessary, based on his saying (peace and blessings be upon him):Sunan al-Bayhaqi 10:1088.
The questioner: There are two Muslim witnesses present, but her father is not present.
The Shaykh: I say that the permission of the guardian and the witnesses is necessary. This is first. Second, we do not advise marrying a woman from the People of the Book today, even if her guardian is present and the witnesses are present; that is because Allah (Mighty and Majestic), when He permitted Muslims to marry women from the People of the Book, did not make the matter general, but restricted it by His saying (the Exalted):[Al-Ma'idah 5:5], . What is the meaning of al-muhsanāt?
The questioner: Virgins.
The Shaykh: No, chaste women, not just virgins. So if this meaning were restricted to virgins, if she is a virgin, meaning, excuse me, if she is a widow, it would not be permissible to marry her? It is permissible to marry her? So being a virgin or being a widow whose husband died is not a condition. The condition is that she be from al-muhsanāt, meaning chaste women. And today, as you know, Christian Western societies...
The questioner: ...have moral dissolution. May Allah protect us.
The Shaykh: Allah is the Greatest. And therefore, we do not advise any Muslim today to marry a woman from the People of the Book. How do we not advise a Muslim to marry any Muslim woman today due to the spread of corruption, as you know? And from here comes his saying (peace and blessings be upon him):. Among Muslim women, you should choose the one with religion. So what about women from the People of the Book?
The questioner: May Allah protect us.
The Shaykh : Is that clear?
The questioner : May Allah reward you with good.
The Shaykh : Anyone else?
The questioner: Shaykh? May Allah reward you with all good.
The Shaykh : You are welcome.
The Shaykh: A woman from the People of the Book, meaning.
The questioner: From the People of the Book.
The Shaykh : Yes.
The questioner: If her father is not present, who is her father? And is it permissible to contract the marriage before she publicly declares her Islam in the mosque?
The student: Peace be upon you.
The Shaykh: - And upon you be peace and the mercy of Allah and His blessings - My brother, first, there are several issues here. The first issue concerns the guardian; the permission of the guardian is necessary, based on his saying (peace and blessings be upon him):
There is no marriage except with a guardian and two just witnesses.
لا نكاحَ إلا بوليٍّ وشاهدَي عَدْلٍThe questioner: There are two Muslim witnesses present, but her father is not present.
The Shaykh: I say that the permission of the guardian and the witnesses is necessary. This is first. Second, we do not advise marrying a woman from the People of the Book today, even if her guardian is present and the witnesses are present; that is because Allah (Mighty and Majestic), when He permitted Muslims to marry women from the People of the Book, did not make the matter general, but restricted it by His saying (the Exalted):
chaste women from among those who were given the Scripture before you
وَالْمُحْصَنَاتُ مِنَ الَّذِينَ أُوتُوا الْكِتَابَ مِنْ قَبْلِكُمْand the chaste women
وَالْمُحْصَنَاتُThe questioner: Virgins.
The Shaykh: No, chaste women, not just virgins. So if this meaning were restricted to virgins, if she is a virgin, meaning, excuse me, if she is a widow, it would not be permissible to marry her? It is permissible to marry her? So being a virgin or being a widow whose husband died is not a condition. The condition is that she be from al-muhsanāt, meaning chaste women. And today, as you know, Christian Western societies...
The questioner: ...have moral dissolution. May Allah protect us.
The Shaykh: Allah is the Greatest. And therefore, we do not advise any Muslim today to marry a woman from the People of the Book. How do we not advise a Muslim to marry any Muslim woman today due to the spread of corruption, as you know? And from here comes his saying (peace and blessings be upon him):
A woman is married for four things: her wealth, her beauty, her lineage, and her religion; so you should choose the one with religion, may your hands be rubbed in dust.
تُنكح المرأة لأربع : لمالها ، وجمالها ، وحسبها ، ودينها ؛ فعليك بذات الدِّين تَرِبَتْ يداكThe questioner: May Allah protect us.
The Shaykh : Is that clear?
The questioner : May Allah reward you with good.
The Shaykh : Anyone else?
The questioner: Shaykh? May Allah reward you with all good.
The Shaykh : You are welcome.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.