Assalaamu alaykum wa rahmatullaahi wa barakatuh Regarding the question about a Muslim male marrying a Christian/Jewish female on : http://www.islam.tc/ask-imam/view.php?q=11477 you replied that, “The adult male or female does not require the consent of his/her guardian (Wakeel)”. But the following link mentions the Prophet (Pbuh) to have stated otherwise : There is no marriage contract except with a walee and two witnesses.(Reported by al-Tabaraani; see also Saheeh al-Jaami, 7558). And : No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf.(Reported by Ibn Maajah, 1782; see also Saheeh al-Jaami, 7298). If the Muslim male marries the Christian/Jewish female without the consent of her father or any guardian (Wakeel/Walee) at-all by going against their wish or marrying secretly (for fear of them refusing and obstructing the marriage) then would not that be considered as the woman conducting the marriage or arranging things on her own behalf just like a zaaniyah ? If so, then would the Nikah be valid ?
In principle, marriage to a Christian / Jewish female is permissible with two conditions;
1. She must not be a Christian/Jew only by name, whilst in fact she follows no religion as is the case with many women today. She must, at least, believe in the basic fundamentals of Christianity/Jewish.
2. She must not be a Murtadah, i.e. she was previously a Muslim, but later converted to Christianity/Jewish.
However, inspite of marriage to the Ahl-e-Kitaab being permissible with its attached conditions, it is very strongly advised that a Muslim male should not marry a Christian/Jewish female. In this, there is protection of hids Deen and Dunya and similarly the protection of the Deen of his children. In fact, Hadhrat Umar [Radhiallaahu anhu] during his Khilaafat prohibited marriage to Christians/Jews because of the many harms tha arise out of such a Nikah. If this was the case during his reign, how much more precaution should be exercised in these times. (Fataawa Mahmoodiyah vol.11 pg.159)
In regards to the Ahadith you have quoted, the purpose is not to show the invalidity of such a Nikah,but rather to show that such a Nikah is highly undesirable and will also be devoid of Barkaat (blessings).
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai