MARRIED TO A CONVERT

QUESTION:

As Salamu Alaikum,

I am married to a non-Muslim who converted for love in order to get married. He supports my faith. He fasts with me, doesn’t drink alcohol, eat halal und is considerate about my praying times. We agreed upon raising our children as Muslim. However, with time passing by, and becoming more religious, I am afraid that my marriage is not valid and that I committing a sin, because he converted just for the sake of marriage. I am desperate and hope for guidance. Thank you in advance

ANSWER:

Wa Alaikum As Salaam,

If he converted to Islam and became a Muslim at the time of marriage, and did not say or do anything after that until this time, to show that he rejected Islam or left it, then he will still be considered a Muslim.

Even though he may have converted for love in order to get married to you, he did so without force/compulsion and would have uttered the Shahadah (with his tongue), understanding what it meant. As for what he had in his heart, only Allah knows that. We are only required to judge that which is apparent/external and Allah Alone knows the internal (the secrets of the hearts). As such, since he accepted Islam and got married to you as a Muslim, he will be deemed as a Muslim, even if he does not perform Salah and do the other duties that a Muslim is required to do. In this case, he will be considered a Fasiq (sinful) Muslim but not an unbeliever.

However, if after marriage, he said to you that he is not a Muslim and he only uttered the Shahadah for marriage and had no intention of accepting Allah as His creator and Islam as his religion, then he will cease to be a Muslim from that time. In a similar manner, if he did not utter such a statement, but started to do rituals and practices of his former religion, and intentionally rejected the compulsory duties in Islam, making it known to you that he is not a Muslim, then in this case also, he will be regarded as a non-Muslim. In these cases, marriage with him will not be permissible, since it is totally Haram in Islam for a woman to marry a non-Muslim or to continue a marriage with one who has rejected Islam.

Allah says in Sura Al Baqarah verse 221.

‘Do not marry unbelieving women (idolaters), until they believe: A slave woman who believes is better than an unbelieving woman, even though she allures you. Nor marry (your girls) to unbelievers until they believe: A man slave who believes is better than an unbeliever, even though he allures you. Unbelievers do (but) beckon you to the Fire. But Allah beckons by His Grace to the Garden (of bliss) and forgiveness, and makes His Signs clear to mankind: That they may celebrate His praise’.

His action of supporting your faith, fasting with you, not drinking alcohol, eating Halal and being considerate to your prayer times are all good, but the most important matter that must be considered is whether he is a Muslim or not. If he is a Muslim, then your marriage is sound and valid. However, if he is not a Muslim, then your marriage is not sound and valid.

While writing on this, the great scholars and jurists of the former and latter times have stated, ‘The marriage of a Muslim woman with an unbeliever is totally Haram, and there is Ijma (consensus of all scholars) on this. This is based on the statement of Allah, ‘And give not (your daughters) in marriage to polytheists (unbelievers) until they believe, and verily a believing slave is better than a (free) polytheist, even though he may please you’ (Sura Al Baqara (2) verse 221).

Allah also states, ‘O you who believe! When believing women come to you as emigrants, examine them, Allah knows best as to their Faith (Iman), then if you know that they are believers, do not send them back to the unbelievers. They are not lawful (wives) for the unbelievers nor are the unbelievers lawful (husbands) for them’. (Sura Al Mumtahinah (60) Verse 10)

Based on this, it is not permissible for a Muslim woman to be married to a man from the people of the book (Christian or Jew), just as it is not permissible for a Muslim woman to be married to a polytheist and fire worshipper’ (Al Fiqh Al Isami Wa Adilatuhu Vol. 9 page 6652 Maktaba Rasheediya Queta Pakistan).

The Jurists (Fuqaha) have also stated, ‘And it is not permissible for a Muslim woman to be married to a ‘Murtad’ (apostate – one who has denounced or rejected Islam). (Ibid Vol. 9 page. 7163). They have also stated, ‘When one of the spouses denounce Islam, then a separation (annulment of the  marriage) takes place between them without it being a divorce from the husband, according to Imam Abu Hanifah and Imam Abu Yusuf. There is no need for a Qadhi to create the separation between them, since the marriage between them is broken and has come to an end. (Al Fiqh Al Islami Wa Adilatuhu Vol. 9 page. 7162).

And Allah knows best

Mufti Waseem Khan

30/06/2022