Why it is Not Haram to Marry a Non-Muslim
C.J Ahmed-13.05.2023
As far as Islam is concerned, there is nothing haram in marrying a non-Muslim. A Muslim man can marry a Jewish or Christian woman because they are from the people of the book.
Allah(swt) says in the Quran,
“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)” (5:5)
Mariyah al-Qibtiyyah was a concubine of the prophet (sal) and she was a Christian and later converted to Islam. At Tabari mentioned the following,
Mariyah the Copt was presented to the Messenger of God, given to him by al-Muqawqis, the ruler of Alexandria, and she gave birth to the Messenger of God’s son Ibrahim. These were the Messenger of God's wifes.
“The Prophet admired Umm Ibrahim ["Mother of Ibrahim," Mariyah’s title], who was fair-skinned and beautiful. He lodged her in al-‘Aliyah, at the property nowadays called of Umm Ibrahim. He used to visit her there and ordered her to veil herself, [but] he had intercourse with her by virtue of her being his property” (History of Tabari - Volume 39 - Biographies of the Prophet's Companions and Their Successors Page 193-194)
Altough marrying a non-Muslim woman other than Jew or Chrsian is forbidden, still under certain conditions it becomes halal and one such instance is Mutah. Altough Mutah is generally forbidden, under necessity it is halal and this was the view of Ibn Abbas(rali).
According to the shariah, even the forbidden becomes halal due to necessity and if there is no transgression. Allah says in the Quran,
"And why should you not eat of that (meat) on which Allah’s Name has been pronounced (at the time of slaughtering the animal), while He has explained to you in detail what is forbidden to you, except under compulsion of necessity?”
And again
“Whoever disbelieved in Allah after his belief, except him who is forced thereto and whose heart is at rest with Faith but such as open their breasts to disbelief, on them is wrath from Allah, and theirs will be a great torment”
"Narrated Anas (rali):
The Prophet (sal) allowed `Abdur-Rahman bin `Auf and Az-Zubair bin Al-`Awwam to wear silk because they were suffering from an itch" .
(Sahih Al Bukhari)
The Prophet (sal) said in a hadith narrated by Ibn Abbas (rali):
"Allah has forgiven my nation for mistakes and forgetfulness, and what they are forced to do."
(Ibn Majah- Graded Sahih by Albani in Sahih Sunan Ibn Majah and narrated by Baihaqi and others and graded Hasan Sahih by Albani )
Although watching pornography is generally haram in Islam, watching porn is allowed in Islam if you fear committing zina or if it's for a necessity.
It was narrated that ‘Amr Ibn al-‘Aas (Rali) said:
I experienced a wet dream on a cold night during the campaign of Dhaat al-Salaasil, and I was afraid that if I did Ghusl I would die, so I did tayammum, then I prayed Fajr with my companions. They mentioned that to the Prophet (Sal) and he said: “O ‘Amr, did you lead your companions in prayer when you were junub?” I told him what had kept me from doing ghusl and I said: “I heard Allaah says (interpretation of the meaning): ‘And do not kill yourselves (nor kill one another). Surely, Allaah is Most Merciful to you’ [al-Nisa’ 4:29].” The Messenger of Allaah (peace and blessings of Allaah be upon him) smiled and did not say anything.
(Abu Dawood- classed as Saheeh by Sheikh al-Albaani in Saheeh Abi Dawud).
In the above hadith narrated in Abu Dawud, Amr bin al aas(Rsli) did tayammu instead of the obligatory bath you have to take if you are junub but the prophet (Sal) never found fault with him and just smiled and said nothing. Similarly, a person can perform mu'tah marriage if he/she cannot afford marriage. Some might argue that the person could masturbate instead of doing mu'tah but the point we should understand is that some people still won't be able lessen their urges even after masturbation and in this case mu'tah could be a viabke alternative. Let's look at another example.
A woman was brought to ‘Umar bin al Khattab May Allah be pleased with him who had been extremely thirsty, and had passed by a shepherd and asked him to give her something to drink; he had refused to give her something to drink unless she let him have his way with her. (Umar) consulted with the people as to whether he should have her stoned. ‘Ali May Allah be pleased with him said, ‘She was forced to do it, you should let her go.’ So he did so."
(Sunan Baihaqi-authenticated by Albani in Irwa al Ghaleel 7/341)
In the above hadith it is clear that when the women who had committed zina due to her thirst, Umar (Rali) never criticised her by saying "Are you going to die because of your thirst" or Umar (Rali) or Ali (Rali) never found fault with her for committing adultery to quench her thirst. Ibn Abbas(Rali) was of the view that mu'tah was halal if for a necessity.
Narrated Abu Jamra:
I heard Ibn `Abbas (giving a verdict) when he was asked about the Mut'a with the women, and he permitted it (Nikah-al-Mut'a). On that a freed slave of his said to him, "That is only when it is very badly needed and women are scarce." On that, Ibn `Abbas said, "Yes."
(Sahih al Bukhari)
As far as Islam is concerned, there is nothing haram in marrying a non-Muslim. A Muslim man can marry a Jewish or Christian woman because they are from the people of the book.
Allah(swt) says in the Quran,
“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)” (5:5)
Mariyah al-Qibtiyyah was a concubine of the prophet (sal) and she was a Christian and later converted to Islam. At Tabari mentioned the following,
Mariyah the Copt was presented to the Messenger of God, given to him by al-Muqawqis, the ruler of Alexandria, and she gave birth to the Messenger of God’s son Ibrahim. These were the Messenger of God's wifes.
“The Prophet admired Umm Ibrahim ["Mother of Ibrahim," Mariyah’s title], who was fair-skinned and beautiful. He lodged her in al-‘Aliyah, at the property nowadays called of Umm Ibrahim. He used to visit her there and ordered her to veil herself, [but] he had intercourse with her by virtue of her being his property” (History of Tabari - Volume 39 - Biographies of the Prophet's Companions and Their Successors Page 193-194)
Altough marrying a non-Muslim woman other than Jew or Chrsian is forbidden, still under certain conditions it becomes halal and one such instance is Mutah. Altough Mutah is generally forbidden, under necessity it is halal and this was the view of Ibn Abbas(rali).
According to the shariah, even the forbidden becomes halal due to necessity and if there is no transgression. Allah says in the Quran,
"And why should you not eat of that (meat) on which Allah’s Name has been pronounced (at the time of slaughtering the animal), while He has explained to you in detail what is forbidden to you, except under compulsion of necessity?”
And again
“Whoever disbelieved in Allah after his belief, except him who is forced thereto and whose heart is at rest with Faith but such as open their breasts to disbelief, on them is wrath from Allah, and theirs will be a great torment”
"Narrated Anas (rali):
The Prophet (sal) allowed `Abdur-Rahman bin `Auf and Az-Zubair bin Al-`Awwam to wear silk because they were suffering from an itch" .
(Sahih Al Bukhari)
The Prophet (sal) said in a hadith narrated by Ibn Abbas (rali):
"Allah has forgiven my nation for mistakes and forgetfulness, and what they are forced to do."
(Ibn Majah- Graded Sahih by Albani in Sahih Sunan Ibn Majah and narrated by Baihaqi and others and graded Hasan Sahih by Albani )
Although watching pornography is generally haram in Islam, watching porn is allowed in Islam if you fear committing zina or if it's for a necessity.
It was narrated that ‘Amr Ibn al-‘Aas (Rali) said:
I experienced a wet dream on a cold night during the campaign of Dhaat al-Salaasil, and I was afraid that if I did Ghusl I would die, so I did tayammum, then I prayed Fajr with my companions. They mentioned that to the Prophet (Sal) and he said: “O ‘Amr, did you lead your companions in prayer when you were junub?” I told him what had kept me from doing ghusl and I said: “I heard Allaah says (interpretation of the meaning): ‘And do not kill yourselves (nor kill one another). Surely, Allaah is Most Merciful to you’ [al-Nisa’ 4:29].” The Messenger of Allaah (peace and blessings of Allaah be upon him) smiled and did not say anything.
(Abu Dawood- classed as Saheeh by Sheikh al-Albaani in Saheeh Abi Dawud).
In the above hadith narrated in Abu Dawud, Amr bin al aas(Rsli) did tayammu instead of the obligatory bath you have to take if you are junub but the prophet (Sal) never found fault with him and just smiled and said nothing. Similarly, a person can perform mu'tah marriage if he/she cannot afford marriage. Some might argue that the person could masturbate instead of doing mu'tah but the point we should understand is that some people still won't be able lessen their urges even after masturbation and in this case mu'tah could be a viabke alternative. Let's look at another example.
A woman was brought to ‘Umar bin al Khattab May Allah be pleased with him who had been extremely thirsty, and had passed by a shepherd and asked him to give her something to drink; he had refused to give her something to drink unless she let him have his way with her. (Umar) consulted with the people as to whether he should have her stoned. ‘Ali May Allah be pleased with him said, ‘She was forced to do it, you should let her go.’ So he did so."
(Sunan Baihaqi-authenticated by Albani in Irwa al Ghaleel 7/341)
In the above hadith it is clear that when the women who had committed zina due to her thirst, Umar (Rali) never criticised her by saying "Are you going to die because of your thirst" or Umar (Rali) or Ali (Rali) never found fault with her for committing adultery to quench her thirst. Ibn Abbas(Rali) was of the view that mu'tah was halal if for a necessity.
Narrated Abu Jamra:
I heard Ibn `Abbas (giving a verdict) when he was asked about the Mut'a with the women, and he permitted it (Nikah-al-Mut'a). On that a freed slave of his said to him, "That is only when it is very badly needed and women are scarce." On that, Ibn `Abbas said, "Yes."
(Sahih al Bukhari)