A questioner from al-Madinah al-Munawwarah asks: How is the marriage contract with a woman if her father or her mother is not Muslim?
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The questioner : He says: We all converted to Islam in our country. Some of us were Christian, and some of us did not know any religion. So how is the marriage, meaning the marriage contract, if the woman's father is not Muslim, and likewise her mother? We ask for your guidance in this matter.
The Shaykh : First, I would like the expression for al-Madinah to be "al-Madinah al-Nabawiyyah," because this is the customary usage in the custom of the Salaf of this Ummah, and by this it is distinguished from other places, as it is attributed to the Messenger of Allah (peace and blessings be upon him and his family). As for "al-Munawwarah," every land that the Islamic religion has entered is illuminated by it. But "al-Nabawiyyah" is more specific than "al-Munawwarah." So if it were referred to, meaning al-Madinah al-Munawwarah, as al-Madinah al-Nabawiyyah, that would be better.
As for what concerns marriage to a Muslim woman whose father is not Muslim, it is obligatory that the wali (guardian) be Muslim if the woman is Muslim. So someone other than the father is sought to give her in marriage, such as an uncle or a brother or the like. If this is not possible, then her wali is the legal judge who rules by the Shari'ah of Allah, if there is no one in her 'asabah (residuary male heirs) who is Muslim. If fitnah (trial, discord or temptation) is feared, there is no harm in her father concluding a formal contract by which the private parts are not made lawful, and concluding a valid contract as we mentioned first, a contract by which the private parts are made lawful.
The questioner : May Allah bless you.
The Shaykh : First, I would like the expression for al-Madinah to be "al-Madinah al-Nabawiyyah," because this is the customary usage in the custom of the Salaf of this Ummah, and by this it is distinguished from other places, as it is attributed to the Messenger of Allah (peace and blessings be upon him and his family). As for "al-Munawwarah," every land that the Islamic religion has entered is illuminated by it. But "al-Nabawiyyah" is more specific than "al-Munawwarah." So if it were referred to, meaning al-Madinah al-Munawwarah, as al-Madinah al-Nabawiyyah, that would be better.
As for what concerns marriage to a Muslim woman whose father is not Muslim, it is obligatory that the wali (guardian) be Muslim if the woman is Muslim. So someone other than the father is sought to give her in marriage, such as an uncle or a brother or the like. If this is not possible, then her wali is the legal judge who rules by the Shari'ah of Allah, if there is no one in her 'asabah (residuary male heirs) who is Muslim. If fitnah (trial, discord or temptation) is feared, there is no harm in her father concluding a formal contract by which the private parts are not made lawful, and concluding a valid contract as we mentioned first, a contract by which the private parts are made lawful.
The questioner : May Allah bless you.