Islāmic Teachings regarding the Marital Relations of a Muslim and an Infidel

At this instance, it shall not be without benefit to mention, as a side note, that the Qur’ānic teachings relevant to the mutual Nikāḥ of a Muslim and infidel were revealed piecemeal on three occasions. First and foremost, a short time after the migration, the verses of Sūrah Al-Baqarah were revealed, wherein it was instructed that no Muslim man was permitted to marry an idolatrous woman, nor could a Muslim woman marry an idolatrous man. As such the Holy Qur’ān states:

“O Ye Muslims! Marry not idolatrous women until they believe... And give not believing women in marriage to idolaters until they believe.”1

However, this verse did not explain what was to be done in the case that the Nikāḥ had already been performed. Therefore, verses of Sūrah Mumtaḥinah were revealed after the Treaty of Ḥudaibiyyah in regards to this issue, in which it is stated that the Nikāḥ of a Muslim woman cannot be upheld with an idolatrous man in any circumstance, nor is it permissible for a Muslim man to continue a Nikāḥ with an idolatrous woman. As such, God the Exalted states:

“O Ye Muslims! When believing women come to you as refugees... send them not back to the disbelievers. These women are not lawful for them, nor are disbelieving men lawful for Muslim women...and O Ye Muslims! Hold not to your matrimonial ties of the disbelieving (idolatrous) women.”2

After this, in the last days of the Holy Prophet(sa) the verses of Sūrah Al-Mā’idah were revealed, in which it was expounded that a Muslim man can marry a woman from the Ahl-e-Kitāb, (i.e., Jewish or Christian, etc.). Therefore, the Holy Qur’ān states:

“O Ye Muslims! This day lawful for you are... chaste believing women and chaste women from among those who were given a Book (of law) before you.”3

Through this last injunction a clear distinction has been established between the Ahl-e-Kitāb and those who are not from the Ahl-e-Kitāb. In other words, where the marriage of a Muslim man to a non-Muslim woman from the Ahl-e-Kitāb has been deemed legal, his marriage to an idolatrous women who believes in no revealed book has been deemed unlawful in all circumstances.

Now the question may arise that the Sariyyah of ‘Īṣ took place prior to the Treaty of Ḥudaibiyyah, in which Abul-‘Āṣ was captured; therefore, how is it possible that the Holy Prophet(sa) applied the injunction revealed after the Treaty of Ḥudaibiyyah, mentioned in Sūrah Mumtaḥinah on the occasion of the Sariyyah of ‘Īṣ? The answer to this is that no doubt, at first glance, this seems like an objectionable fact. However, if this instance is analysed it can be reconciled in two manners. Firstly, no doubt, although the injunction of Sūrah Mumtaḥinah, in which marriage to idolatrous women have been prohibited in all circumstances was revealed later, but nonetheless, the injunction of Sūrah Al-Baqarah (in which at least future marriage to idolatrous women was prohibited) had already been revealed. Perhaps the Holy Prophet(sa) had interpreted this very injunction with caution and instructed Ḥaḍrat Zainab(ra) to refrain from marital relations until Abul-‘Āṣ becomes a Muslim, and then later, a concurrent injunction was also revealed. Secondly, it is also possible that as some scholars have written, in actuality, the Sariyyah of ‘Īṣ and the incident of the capture of Abul-‘Āṣ took place after the Treaty of Ḥudaibiyyah, but historians have erroneously placed it before the Treaty of Ḥudaibiyyah.4 However, in our opinion, the first explanation seems more correct and plausible. Allāh knows best.

Another question which also arises here is that if the Nikāḥ of Ḥaḍrat Zainab(ra) was considered annulled on account of the disbelief of Abul-‘Āṣ(ra), then why were they permitted to live together after he became a Muslim, without a new Nikāḥ? One school of thought has answered this question by asserting that the narration which states that they were rejoined without a new Nikāḥ is not even accurate. By contrast, the narration which states that the Nikāḥ of Ḥaḍrat Zainab(ra) was performed again is more credible. However, the true answer is that undoubtedly, the Nikāḥ had been annulled. Yet since Ḥaḍrat Zainab(ra) had not been married anywhere else, for this reason when Abul-‘Āṣ became Muslim, a new Nikāḥ was not deemed necessary, as if this had been a period of suspension. In other words, during that period, if Ḥaḍrat Zainab(ra) was to have had a Nikāḥ somewhere else that would have been lawful. However, since she was a free woman, for this reason she was returned to her previous husband without a Nikah, upon his becoming a Muslim. The example of this is like a missing man, whose wife after the passing of a period of time, becomes free for marriage with another man. However, if her husband returns before she marries again, the previous Nikāḥ shall prevail. Allāh knows best.

In this regard, it shall also be appropriate to mention the wisdom behind why the Nikāḥ of a non-Muslim man with a Muslim woman, or a Muslim man with a woman not from the Ahl-e-Kitāb, is forbidden in Islām. Therefore, it should be known that in the first case, i.e., the prohibition of a Nikāḥ with a non-Muslim man is obvious. To give a Muslim girl to a non-Muslim man in marriage is to put the religion of the girl at risk with one’s own hand and to open the door of Islām’s decline, rather than its progress. Islām cannot accept this option in any case. Then, to take a disbelieving girl in marriage who is not of the Ahl-e-Kitāb, has been prohibited because such a girl will be completely ignorant of the principles of religion. Hence, not only will she prove detrimental to the upbringing of the children but her heart will not truly align with her husband’s, if he is a true Muslim. Consequently, they will remain deprived of true marital happiness. In contrast, the wisdom behind allowing one to take an Ahl-e-Kitāb girl in marriage is so that firstly, the path of the expansion of international relations remains open. Secondly, such a girl would prove somewhat beneficial to the upbringing of children, on account of her familiarity with the principles of religion. Thirdly, it is more probable that the affectionate influence of the husband may draw her into Islām. Allāh knows best.

However, all said and done, it should be remembered that indication is found in both the Qur’ān and Ḥadīth that marriage to a girl from the Ahl-e-Kitāb in Islām is an exceptional case. It has been permitted in special circumstances under special wisdom. In normal circumstances it has been deemed preferable, in as much as possible, that the Nikāḥ of a Muslim man be performed with a Muslim woman.5