Topic: Questions Concerning Marriage to Ahlul-Kitab


Malik.Swift    -- 24-06-2003 @ 10:43 PM
  As Salaam Alaikum

Is there a book or fatwa that covers in a comprehensive manner the marrying of ahlul Kitab?

There are brothers in this community who either married the people of the book before they become muslims or after the fact. I would like to know what is the permissibility of these marrigaes.  

I.  Let us presume that a muslim brother intends to marry to a woman from alhlul-kitab.  I ask the following:

1.  Does chasity include being a virgin.
2.  Does chasity include not taking boyfriends, not dating, not kissing someone from the opposite sex, except for a mahram, not holding hands, ect.
3.  Does a prior marriage destroy the chasity of ahlul-kitab (assuming she consumated the marriage or held his hand or kissed him).
What if none of this occured, is she still chaste.
4.  Does one have to inquire if she is a virgin?

II. As far as a muslim brother who married ahlul-kitab prior to his reversion to Islam?
1.  Is this marrigage valid.
2.  Can he stay married to her if she has no intention of converting
or she states that she intends but keeps putting it off for whatever reason.


III.  As for a muslim brother who is either married to a Muslim or to a woman from ahlul-kitab and intends on taking a second wife who is from a deen that is different from the first wife.  I ask the following:

1.  If a brother is married to a muslim woman and then marries a woman from ahlul-kitab, and the marriage of ahlul-kitab is not permissible because she is not chaste, then has he committed adultery?
2. What if the opposite is the case.  If a brother is married to ahlul-kitab and that marrigage is impermissible because she was not chaste prior to the marriage, and then he marries a Muslim sister, has he commited adultery if he has sexual relations with the kaafir wife, after he marries the muslim.

I-III.  Even if the woman from ahlul-kitab is chaste is it permissible to marry ahlul-kitab and she is not inclined toward believing in Allah without any partners, equals or rivals.

IV.  What if it was permissible to marry the woman from ahlul-kitab, however, she committed adultery, or other wise became unchaste (took a boyfriend, kissed another guy (wih/or without passion), held his hand, is it permissible to remain married to her.

VI.  I read something by Shaykh Uthameen rahimullah,concerning the 5th matter.  His opinion concerning the permissibility of remaining married to a muslim who abandons the prayer, does not cover, ect.  His opinion was that remaining in said mariage is impermissible.  For those brothers whose desires cause them to look for different opinions.  Is this a consensus amongst the fuqaha.

As-Salaam Alaikum Malik As-Salafi

PS, if this question cannot be answered in full by the brothers, please answer it in part, and if the daaes believe this question deserves merit, please forward to the Fuqaha for judgment.  Jazakhallkyrn


abd.al-kareem    -- 25-06-2003 @ 9:48 PM
  D


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