Question:
Answer:
Almighty Allah states in the Qur’an: ( .And (lawful for you are) the chaste Muslim women, and the chaste women of those who are conferred the scripture (Jews and the Christians), when you give those women their dowers to bring them into wedlock instead of indulging in lechery or making secret intrigue (with them). (Surah Ma’edah, verse 5)
The above verse clearly states that Muslim men are permitted to marry Jewish or Christian females. However few points should clearly be noted with regards to this issue:
Although in light of verse 5 of Surah Ma’edah it is permissible to marry the women of the Ahle Kitaab but the Fuqahaa have not merely discouraged and disliked it, but have further stated that it is Waajib to refrain from such marriages for the following reasons: Firstly, the present day Jews and Christians are not Jews and Christians in the true sense. It can be clearly noted from their beliefs that the majority of them are atheists and infidels with whom marriage is totally prohibited. They are Jews and Christians just by name, neither do they believe in the Tauraat nor Injeel nor do they believe in the respective prophets.
Secondly, marrying a Jew or Christian and admitting her into the family can only become detrimental to ones own Imaan and the Imaan of his offspring who will most likely follow the faith of the mother.
It is reported from Huzaifah bin Yamaan (R.A.) that he married a Jewish woman on reaching Madaain (a town near Iraq). Umar (R.A.) on coming to know about this marriage wrote to him and ordered him to divorce her. (Kitaabul Aathaar, Page 258)
A similar incident has been narrated to have happened to Talha (R.A.) and Ka’ab bin Malik (R.A.), both of whom married women from the Ahle Kitaab. Umar (R.A.) on hearing of this showed a great amount of displeasure and ordered them to divorce them. (Ma’aariful Qur’an, Vol. 3, Page 63 with reference to Fathul Qadeer)
If Umar (R.A.) prevented the Sahabah from marrying the women of the Ahle Kitaab ±1410 years ago, we can well imagine what his reaction would be if the present day situation was put forward to him. (Ahsanul Fataawaa, Vol. 5, Page 89-90, Imdaadul Ahkaam, Vol. 2, Page 254-255, Ma’aariful Qur’an, Vol. 3, Page 62-64)
Note: The concession which was given to marry the Ahle Kitaab during the time of the Prophet (S.A.W.) were those females who were living in Darul Islam (Islamic state) and were forced to abide to the Islamic Laws. In this case the offspring of such a marriage would be taken to be Muslims as the Islamic Law demands that the children should be made to follow the better of the two religions, which in this case is Islam.
Conditions are not the same anymore in the present day and age. Living in a non-Islamic state, the mother (wife) would try her utmost to make the children follow her religion through the support of the state laws which demands that the children should be given the freedom to choose between the two religions and this can easily turn against the husband as the children are naturally much more inclined to the mother through her motherly love and affected.
As for the verse that you stated in your question: O you who believe! Do not take the Jews and Christians as allies . (Surah Ma’edah, verse 51), this verse in actual fact refers to befriending the Jews and the Christians in such a manner that discomposes the distinctive symbols and aspects of Islam. (Ma’aariful Qur’an, Vol. 3, Page 167)
And Allah Ta’ala knows best
Qasim bin Hashim Limbada
Attested to as correct by:
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
30 September 2004
15 Sha’baan 1425