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Can a non-Muslim man get married to a Muslim woman?

Answered as per Hanafi Fiqh by Askimam.org

I would like to ask a question about a muslim woman wanting to marry a non muslim man in Australia.  We want to have as much muslim influence in the ceramony out of respect to her and her family, but I keep hearing there is no way of doing this?  I have heard of a guy who changed to muslim just to get married but to me that is disrespectful to the muslim faith, to her family and I do not want to do that as it would be wrong.  Is there any parts of the marriage that can have prayers etc for her and her family.  I am all for it in our service, but am lost with what can and can’t be done as I have heard in the USA there are clerics that would do this?  If there was the same here in Sydney Australia I would love to know them.

Answer

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

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

A Muslim woman cannot marry a non-Muslim man.[1] The marriage will be invalid. Having Muslim influence or prayers in such a marriage will be of no avail. The marriage will remain invalid. If any Muslim cleric conducts a Muslim prayer, that does not alter the prohibition. The practice of the Muslim cleric will be wrong.

If the non-Muslim man accepts Islam, then the marriage will be valid. The man’s acceptance of Islam should not be regarded as an administrative move to merely fulfil a condition of the marriage being valid. He must truly accept Islam. If the non-Muslim man claims he truly accepted Islam then that is sufficient. Now it is matter between him and Allah. Our advice is refer to a local imam that specializes in dawah to explain to him Islam and attempt to make him accept Islam.

And Allah Ta’āla Knows Best

Muhammad Haris Siddiqui

Student Darul Iftaa
Melbourne, Australia 

Checked and Approved by,
Mufti Ebrahim Desai.


[1]  امداد الفتاوی ۲۲۵۱ – مکتبہ دارالعلوم کراچی

فتاوی حقانیہ ۴۳۴۱ – مکتبہ سید احمد شہید

احسن الفتاوی ۵۲۶ – ایچ ایم سعید

فتاوی محمودیہ ۱۱۴۳۹ – دار الافتاء جامعہ فاروقیہ

منها: إسلام الرجل إذا كانت المرأة مسلمة (بدائع الصنائع في ترتيب الشرائع ٣٤٦٥ – دار الكتب العلمية)

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

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