Chapter on the Marriage of Disbelievers: Its Ruling Is Like That of the Marriage of Muslims, and They Are Confirmed in Their Defective Marriage If They Believe It Is Valid in Their Law and They Do Not Refer the Matter to Us
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The Shaykh : As for the marriage of disbelievers, listen to it. He says its ruling is like the marriage of Muslims. The ruling on the marriage of disbelievers is like the marriage of Muslims in what? In validity and what follows from it. So if a disbeliever marries a woman, she becomes his wife, and it is lawful for him to have intercourse with her, and her children from him are legitimate children. Her mother becomes forbidden to him, and his daughter becomes forbidden to him if he has had intercourse with her. Likewise, her father, her grandfather, and her son, and whoever is descended from him, become forbidden to her.
The important point is that the marriage of disbelievers, in terms of validity and what follows from the marriage, is like the marriage of Muslims. For this reason, the author stated generally, saying "Its ruling is like the marriage of Muslims", and he did not exclude anything. The evidence for this is that the Prophet (peace and blessings be upon him) would accept the Islam of a man while his family was with him, and he would not ask him. He would not say, "How did you contract the marriage?" Rather, he would leave him as he was and apply to him the rulings of a valid marriage. This is the evidence. The reasoning is that it is not possible to act except in this way, because if we acted otherwise, it would lead to aversion from Islam and great chaos in lineage and other matters. For this reason, the ruling on the marriage of disbelievers is like the marriage of Muslims in everything that follows from it, whether validity, invalidity, mahr, in-laws, or otherwise. But the author says, "and they are confirmed in their defective marriage," with two conditions: if they believe it is valid in their law, and if they do not refer the matter to us. They are confirmed in their defective marriage with these two conditions: if they believe it is valid in their law, and if they do not refer the matter to us. If a Zoroastrian marries his daughter—may Allah grant us safety—and they do not refer the matter to us, do we separate them?
The questioner : ... .
The Shaykh : He married his daughter, my brothers?
The questioner : ... .
The Shaykh : Because he believes this is valid. The Zoroastrians believe that marriage with prohibited relatives is valid. So if he marries his daughter and they do not refer the matter to us, we leave him; we do not separate them. Why? Because they believe it is valid. If a Jew marries his daughter and he is under our protection, do we separate them?
The questioner : Yes.
The Shaykh : Why?
The questioner : They do not believe it is valid.
The Shaykh : Because they do not believe it is valid, since marriage with prohibited relatives among the Jews and Christians is like marriage with prohibited relatives among the Muslims. In this case, we separate them because he is under our protection, and it is obligatory for us to hold him accountable by the ruling of his religion.
So, is the disbeliever confirmed in his defective marriage? The answer is yes, with two conditions: that he believes it is valid, and second, that he does not refer the matter to us. Now, if they come to us before the contract, meaning they refer the matter to us before the contract, we contract it according to our ruling. Yes, because Allah says[Al-Ma'idah 5:42], and that is the Shari'ah. So if they come to us at the time of the contract, and a Zoroastrian comes to us saying, "Contract the marriage for me with my daughter."
The important point is that the marriage of disbelievers, in terms of validity and what follows from the marriage, is like the marriage of Muslims. For this reason, the author stated generally, saying "Its ruling is like the marriage of Muslims", and he did not exclude anything. The evidence for this is that the Prophet (peace and blessings be upon him) would accept the Islam of a man while his family was with him, and he would not ask him. He would not say, "How did you contract the marriage?" Rather, he would leave him as he was and apply to him the rulings of a valid marriage. This is the evidence. The reasoning is that it is not possible to act except in this way, because if we acted otherwise, it would lead to aversion from Islam and great chaos in lineage and other matters. For this reason, the ruling on the marriage of disbelievers is like the marriage of Muslims in everything that follows from it, whether validity, invalidity, mahr, in-laws, or otherwise. But the author says, "and they are confirmed in their defective marriage," with two conditions: if they believe it is valid in their law, and if they do not refer the matter to us. They are confirmed in their defective marriage with these two conditions: if they believe it is valid in their law, and if they do not refer the matter to us. If a Zoroastrian marries his daughter—may Allah grant us safety—and they do not refer the matter to us, do we separate them?
The questioner : ... .
The Shaykh : He married his daughter, my brothers?
The questioner : ... .
The Shaykh : Because he believes this is valid. The Zoroastrians believe that marriage with prohibited relatives is valid. So if he marries his daughter and they do not refer the matter to us, we leave him; we do not separate them. Why? Because they believe it is valid. If a Jew marries his daughter and he is under our protection, do we separate them?
The questioner : Yes.
The Shaykh : Why?
The questioner : They do not believe it is valid.
The Shaykh : Because they do not believe it is valid, since marriage with prohibited relatives among the Jews and Christians is like marriage with prohibited relatives among the Muslims. In this case, we separate them because he is under our protection, and it is obligatory for us to hold him accountable by the ruling of his religion.
So, is the disbeliever confirmed in his defective marriage? The answer is yes, with two conditions: that he believes it is valid, and second, that he does not refer the matter to us. Now, if they come to us before the contract, meaning they refer the matter to us before the contract, we contract it according to our ruling. Yes, because Allah says