RULING ON MUSLIM MEN MARRYING WITH AHLE-KITAB (PEOPLE OF THE BOOK).
1) MARRIAGE TO A JEWISH,CHRISTIAN WOMAN IS PERMISSIBLE.
2) CONDITION OF MARRYING WITH AHLE-KITAB.
3) ADVICE TO ONE WHO IS MARRYING JEWS,CHRISTIANS PEOPLE OF BOOK.
1) MARRIAGE TO A JEWISH ,CHRISTIAN WOMAN IS PERMISSIBLE :-
IF they are kuffaar and mushrikeen,Who use to do idol worshipped then it is not permissible to marry them.Ahle-kitab refers to here are those who use to beleive in Allah swt,not the one who used to do idol worshipped of jesus,moses (peace be upon them).
Marriage to a Jewish or Christian woman is permissible according to the view of the majority of scholars.
The main evidence concerning that is the verse in which Allaah says (interpretation of the meaning):
“Made lawful to you this day are At Tayyibaat [all kinds of Halaal (lawful) foods, which Allaah has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables and fruits)]. The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them. (Lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time when you have given their due Mahr (bridal-money given by the husband to his wife at the time of marriage), desiring chastity (i.e. taking them in legal wedlock) not committing illegal sexual intercourse, nor taking them as girlfriends. And whosoever disbelieves in Faith, [i.e. in the Oneness of Allaah and in all the other Articles of Faith i.e. His (Allaah’s) Angels, His Holy Books, His Messengers, the Day of Resurrection and Al Qadar (Divine Preordainments)], then fruitless is his work; and in the Hereafter he will be among the losers”
(SURAH MAIDAH 5 VERSE 5)
‘Ali ibn Abi Talhah said, narrating from Ibn ‘Abbaas concerning the words “And do not marry Al-Mushrikaat (idolatresses) till they believe (worship Allaah Alone)”: Allaah excludes from that the women of the people of the Book. This was also the view of Mujahid, ‘Ikrimah, Sa’eed ibn Jubayr, Makhool, al-Hasan, al-Dahhaak, Zayd ibn Aslam, al-Rabee’ ibn Anas and others. And it was said that what is meant is the mushrikoon who worship idols, and it does not mean the people of the Book at all. This meaning is close to the first meaning. And Allaah knows best.
(TAFSEER IBN KHATIR 1/474)
IMAM TABARI SAID :-
And chaste women from those who were given the Scripture (Jews and Christians) before your time” this means free woman from among those who were give the Scripture, i.e., the Jews and Christians who follow the Tawraat (Torah) and Injeel (Gospel). “Before your time” O believers in Muhammad from among the Arabs and all of mankind. You may marry them also “when you have given their due Mahr” i.e., when you give the mahr or dowry to those whom you marry from among your (Muslim) chaste women or their chaste women.
(TAFSEER AL-TABARI 6/104)
IBN QUDAAMAH SAID :-
There is no difference of opinion among the scholars concerning the permissibility of marrying free women of the people of the Book. Among those from whom this view was narrated are ‘Umar, ‘Uthmaan, Talhah, Hudhayfah, Salmaan, Jaabir, and others.
IBN AL-MUNDHIR SAID :-
There is no sound narration from any of the earliest generation to suggest that this is haraam. Al-Khallaal narrated, with his isnaad, that Hudhayfah, Talhah, al-Jaarood ibn al-Mu’alla and Udhaynah al-‘Abdi all married women from among the people of the Book. This was also the view of the rest of the scholars.
What is meant by muhsanah (translated here as chaste) is free and chaste women. Ibn Katheer (may Allaah have mercy on him) said in his Tafseer:
This is the view of the majority here, and this is what appears to be the case; lest she not only be a dhimmiyah but also unchaste, in which case she will be totally corrupt and her husband will end up as described in the proverb, “He bought bad dates and was cheated in weights and measures too”. The apparent meaning of the verse is that what is meant by al-muhsanaat (chaste women) is women who refrain from zina, as Allaah says in another verse (interpretation of the meaning):
..They (the above said slave-girls) should be chaste [muhsanaat], not committing illegal sex, nor taking boyfriends”
(SURAH NISA 4 VERSE 25)
2) CONDITION OF MARRYING WITH AHLE-KITAB :-
It is highly recommended to note ahle-kitab refers to those who beleive in ALLAH swt,not those who worship jesus and moses p.b.u.h,IF they are mushrika (polytheist) then it is nt permissible to marry them.
Because Allaah says (interpretation of the meaning):
“And do not marry Al-Mushrikaat (idolatresses) till they believe (worship Allaah Alone). And indeed a slave woman who believes is better than a (free) Mushrikah (idolatress), even though she pleases you”
(SURAH AL-BAQARAH 2 VERSE 221)
Allaah has described them as being mushrikeen as He says (interpretation of the meaning):
“They (Jews and Christians) took their rabbis and their monks to be their lords besides Allaah (by obeying them in things which they made lawful or unlawful according to their own desires without being ordered by Allaah), and (they also took as their Lord) Messiah, son of Maryam (Mary), while they (Jews and Christians) were commanded [in the Tawraat (Torah) and the Injeel (Gospel)] to worship none but One Ilaah (God — Allaah) Laa ilaaha illa Huwa (none has the right to be worshipped but He). Praise and glory be to Him (far above is He) from having the partners they associate (with Him)”
(SURAH AT-TAWBAH 9 VERSE 31)
3) ADVICE TO ONE WHO IS MARRYING JEWS,CHRISTIANS PEOPLE OF BOOK :-
We should remember that Islam encourages the Muslim man to marry a Muslim woman who is religiously committed, because the Muslim’s life with his wife is a complete and comprehensive life which involves chastity, lowering the gaze, and protecting and looking after the house and children. These and similar things cannot be achieved except with a religiously-committed wife.
Do not forget that if you become Muslim, it will be better for your children, so that they will not be confused or suffer from mental anguish, and say, “Our father is a Muslim and our mother is a Christian, so who should we follow?”
Although we say that it is permissible, and we do not doubt that there is a clear text concerning that, nevertheless we do not think that a Muslim should marry a kitaabi woman (a woman of the people of the Book), for several reasons:
1) One of the conditions of marriage to a kitaabi woman is that she should be chaste, but there are very few chaste women to be found in those environments.
2) One of the conditions of marriage to a kitaabi woman is that the Muslim man should be in charge of the family. But what happens nowadays in that those who marry women from kaafir countries marry them under their laws, and there is a great deal of injustice in their systems. They do not recognize a Muslim’s authority over his wife and children, and if the wife gets angry with her husband she will destroy his household and take the children away, with the support of the laws of her land and with the help of their embassies in most countries. It is no secret that the Muslim countries have no power to resist the pressure of those countries and their embassies.
3) The Prophet (peace and blessings of Allaah be upon him) encouraged us to look for Muslim wives who are religiously committed. If a woman is Muslim but is not religiously committed and of good character, then the Muslim is not encouraged to marry her, because marriage is not simply the matter of physical enjoyment only, rather it is the matter of Allaah’s rights and the spouse’s rights, and preserving his household, his honour and his wealth, and bringing up his children. How can a man who marries a kitaabi woman be certain that his sons and daughters will be raised according to Islam when he is leaving them in the hands of this mother who does not believe in Allaah and associates others with Him?
4) He may have to be courteous to this wife of his at the expense of his religion, especially if she is “very committed” to her own religion. This may mean that she will hang up crosses and go to the church, and the children will not be safe in this environment.
5) She is not going to wash properly after finishing her period, or tell him not to have intercourse with her when she is menstruating; she is going to make him do something that is wrong according to sharee’ah and cause him physical harm.
6) He is going to be put in an embarrassing situation because of her careless attitude concerning dress and her mixing with men and speaking to them.
7) The states and governments of these women of the Book will be on their side and will give them custody of the children if differences arise and divorce takes place. This will cause these children to be lost and to fall into kufr. Such cases are too well known to need mentioning here and too many to count.
One of the poets said:
“Marriage to a Christian is an abhorrent action which leads to the kufr of the children for sure.Whoever accepts for a child of his to be a kaafir is himself a kaafir, even if he claims to be a Muslim.
Hence even though we say that it is permissible to marry a kitaabi woman, it is not encouraged and we do not advise it, because of the negative consequences that result from that. The wise Muslim should choose the best woman to bear his children and think in the long term about his children and their religious upbringing. He should not let his desire or worldly interests or transient outward beauty blind him to reality; true beauty is the beauty of religious commitment and good morals.
He should realize that if he forsakes these type of women for the sake of that which is better for his religious commitment and that of his children, Allaah will compensate him with something better, because “Whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than that, as the Prophet (peace and blessings of Allaah be upon him) told us, the one who speaks the truth and does not speak of his own whims and desires. Allaah is the source of strength and the One Who guides to the Straight Path.
IBN QUDAAMAH SAID :-
As this is the case, it is better not to marry a woman of the people of the Book, because ‘Umar said to those who married women of the people of the Book: ‘Divorce them,’ so they divorced them, except Hudhayfah. ‘Umar said to him: ‘Divorce her.’ (Hudhayfah) said: ‘Do you bear witness that she is haraam?’ He said: ‘She is a live coal, divorce her.’ He said: ‘Do you bear witness that she is haraam?’ He said: ‘She is a live coal.’ He said: ‘I know that she is a live coal, but she is permissible for me.’ A while later, he divorced her and it was said to him: ‘Why did you not divorce her when ‘Umar commanded you to?’ He said: ‘I did not want the people to think that I had done something wrong (by marrying her).’ Perhaps he was fond of her or perhaps they had a child together so he was fond of her.”
(AL MUGHNI 7/99)
SHAYK IBN BAAZ SAID :-
If the woman of the people of the Book is known to be chaste and to keep away from the means that lead to immorality, it is permissible, because Allaah has permitted that and has permitted us to marry their woman and eat their meat. But nowadays there is the fear that those who marry them may be faced with much evil. They may call him to their religion and that may lead to their children being raised as Christians. So the danger is very real and very serious. To be on the safe side, the believer should not marry them. And in most cases there is no guarantee that the woman will not commit immoralactions, or bring along children from a previous relationship… but if the man needs to do that then there is no sin on him, so that he can keep himself chaste and lower his gaze by being married to her. He should strive to call her to Islam and beware of her evil and of allowing her to drag him or the children towards kufr.”
(FATAAWA ISLAMIYYAH 3/172)