Sir, my family is a Muslim family but my son wants to marry a Hindu girl. She wants to marry him too. They both love each other. She voluntarily agrees to embrace Islam. Thus: she is ready to be converted from a Hindu/Hindoe-girl into a Muslim-girl.
She wants to perform Nikkah with my son after embracing Islam and afterwards willing to go ahead with life as a Muslim. Naturally with my son as a Muslim couple. But her family looks forward for a safe and respectable way to accept this change.
Her parents want that first their daughter should marry with my son according to the Hindu-rituals. For this ceremony my son should not change his religion or any belief. It is permitted according to Hindu-religion. They told us that they don’t want to convert my son into a Hindu boy. Immediately after Hindu-marriage ceremony their daughter can change her religion or to be converted into a Muslim-girl. Then she can manage her marriage according to Islamic-Law and go further with her life as a Muslim.
For your kind information I am living in The Netherlands. It’s a western country. It’s not an Islamic country. Civil law is the prime law of this country. Religion has to say very little in civil matters / affairs.
My question is:
What is the Islamic ruling in this case? If we go ahead as I have mentioned above: Is it not against Islam? Or we are going to commit a grave or big crime against our Islamic teachings? Or As a lesser evil than the greater it is allowed in this special case, as I am afraid if we don’t agree with the above mentioned pre-conditioned their marriage may take place according to the local civil law. And then God knows how they will further lead their life?
Can we go ahead in this case in the long and great interest of Islam? As I am sure to the best of my belief that if we accept this situation the couple can live as a Muslim-couple and further there will be no more conflict of two difference religions in their life. Because then there will be the only one religion and It would only be Islam.
Please, guide us.
ANSWER
In the name of Allah, Most Compassionate, Most Merciful,
It is not permissible for a Muslim to marry a Hindu girl unless she accepts Islam. Allah Most High says:
“Do not marry unbelieving women until they believe. A slave woman who believes is better than an unbelieving woman, even though she allures you.” (Surah al-Baqarah, 221)
The above verse of the Qur’an is clear in that it is unlawful for a Muslim man to marry a non-Muslim (other than a true Christian or Jew) woman. The Qur’an says that even if the girl attracts and appeals to you, marriage should never be considered.
However, if the girl converts truly to Islam, then it will be permissible for them to marry. Therefore, Nikah will only be valid if it was contracted after her conversion to Islam.
As far as the marriage being contracted according to the Hindu rituals is concerned, firstly, this would not be considered a valid marriage according to Shariah unless it is also in conformance with Islamic guidelines.
Secondly, to attend the Hindu place of worship and contract the marriage according to the rituals and customs of their religion is something that can never be considered by a Muslim. If the boy does not renounce Islam with his heart, then although he will not apostatize, it will be considered an extremely blameworthy act and can never be allowed.
Imam Abd Allah al-Baydhawi states in his exegesis of the Qur’an:
“The reason why the wearing of a cross, etc is considered disbelief (kufr), because it indicates disbelief, for the one who believes in the Messenger of Allah (Allah bless him & give him peace) can never dare to do this outwardly, not because these practices are Kufr in themselves.” (al-Baydhawi, Anwar al-Tanzil, 1/23)
Imam al-Haskafi (Allah have mercy on him) states regarding those who involve themselves in the customs of other religions:
“He will be ordered to seek forgiveness and repent and renew his marriage.” (Radd al-Muhtar, 3/414)
Therefore, it will not be permissible to contract the marriage according to the Hindu custom, especially if it involves acts of disbelief.
As you mention that if this is not done, then they would contract their marriage according to civil law, then there is nothing wrong in doing so. A civil marriage may be contracted after which a formal Islamic ceremony is performed. In this way, there will be no violation of Islamic principles. The girl can remain a Hindu before the marriage according to civil law, thereafter accept Islam and contract the Islamic Nikah.
And Allah Knows Best
[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK