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If he recites the Shahada, he will be a Muslim.

Answered as per Hanafi Fiqh by Askimam.org

I hope you can provide me with a clear answer to my question. I met a very nice person man 3 years ago, we became good friends and two years ago we entered into a relationship. 

Throughout this time, we have bothed learnt alot about islam, I am aready muslim and have been for my entire life and always followed islam and its teachings, but my partner isn’t. I don’t have a father anymore as he passed away, and my mother is Hindu so I can’t ask either of them for help. 

I am very involved in a Mosque, and my close friends there are telling me that I can’t marry this person unless they become muslim. I agree with this. The problem is they do not feel lslam in thier heart so if the shahaada would be taken it would be just to be with me, and to make sure that the relationship is not haraam anymore. This person has ultimate respect for me faith and has undertaken many things to make me feel comfortable in my muslim life, it is also accepted that thier own life would change with me due to Islam, but the Islam is not in thier heart yet, and they have no desire to find the truth…yet. They have not said they do not believe in God however, as this is still something this person is wondering, but not going to efforts to find out.

I would hope and pray that this person found islam with my guidance, and togetehr we could grow as one in islamd, but i dont have any security of this. 

Would we find a imaam that would carry out the nikkah for us, or if this not possible? 

We have agreement from eberyone for this marriage, I would need to ensure the nikkah was valid in this way if an imaam would marry us. 

I’ll await your responce, Jazak Allah Khair. 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.  

 Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

If he recites the Shahada, he will be a Muslim. As he lives with you and learn about Islam, the reality of Islam will settle in his heart.[1]

Contact the Imam of the Mosque in reference to perform the nikah.

And Allāh Ta῾āla Knows Best

Wassalāmu ῾alaykum 

Jibran Kadarkhan

Student Dārul Iftā

Mauritius

Checked and Approved by:

Mufti Ebrahim Desai

[1]  

 

وَلَا يَجُوزُ تَزَوُّجُ الْمُسْلِمَةِ من مُشْرِكٍ وَلَا كِتَابِيٍّ كَذَا في السِّرَاجِ الْوَهَّاجِ 

( الفتاوى الهندية، دار الفكر، ج1، ص 282) 

 

وَمِنْهَا إسْلَامُ الرَّجُلِ إذَا كَانَتْ الْمَرْأَةُ مُسْلِمَةً فَلَا يَجُوزُ إنْكَاحُ الْمُؤْمِنَةِ الْكَافِرَ؛ لِقَوْلِهِ تَعَالَى: {وَلا تُنْكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُوا} [البقرة: 221] وَلِأَنَّ فِي إنْكَاحِ الْمُؤْمِنَةِ الْكَافِرَ خَوْفَ وُقُوعِ الْمُؤْمِنَةِ فِي الْكُفْرِ

(بدائع الصنائع، ج2، ص271، دار الكتب العلمية) 

 

بَابُ إِذَا أَسْلَمَتِ المُشْرِكَةُ أَوِ النَّصْرَانِيَّةُ تَحْتَ الذِّمِّيِّ أَوِ الحَرْبِيِّ 

وَقَالَ عَبْدُ الوَارِثِ: عَنْ خَالِدٍ، عَنْ عِكْرِمَةَ، عَنْ ابْنِ عَبَّاسٍ: «إِذَا أَسْلَمَتِ النَّصْرَانِيَّةُ قَبْلَ زَوْجِهَا بِسَاعَةٍ حَرُمَتْ عَلَيْهِ… 

(صحيح البخاري، ج7، ص49، دار طوق النجاة) 

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.