Fatwa #142051 May 2006Pakistan
can a muslim man can marry a woman who is communist without converting her to muslim?
Question
1) can a muslim man can marry a woman who is communist without converting her to muslim?
2) if a muslim marrys to a communist woman without converting her to muslim (which is possible according to the chinese rules), and after some time (one year) the woman accepts islam, then do they need to do NIKAAH (islamic marriage) again
3) if a muslim marrys a communist woman without converting her to muslim, and a child born of this marriage, what would be the religion of that child.
Answer
1. It is not permissible for a Muslim man to marry a non-Muslim woman. (Raddul Muhtaar vol.3 pg.48)
2. The Nikah will not take place at all if a Muslim man marries a non-Muslim woman. Hence, there is no question regarding the validity of the first Nikah. He may only marry her after she accepts Islam.
3. If a Muslim male marries a non-Muslim female and a child was born through this relationship, the child will be illegitimate as this relationship is regarded as Zina (adultery) in the Shari’ah. However, the child will be a Muslim by virtue of the father’s religion. (Raddul Muhtaar vol.3 pg.197)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai