Early version. Transcripts and tags are labelled by accuracy tier. A position is shown only after two independent reviews have found it in his own words.
Mufti Abu Layth ArchiveBeta

Recordings

Can a Nikah with a Non-Muslim be valid? - Mufti Abu Layth Al-Maliki

hadeeth ahadith ahaadeeth hadis hadees ahaadith malik ibn anas malik bin anas imam maalik imam malik ibn anas imaam prayer leader maaliki malikite malikiyyah maliki school hanafite hanafiyyah hanafi school fatwah fatawa fatwaa fataawa legal opinion muftis hukm ahkam hukum hukam ahkaam halaal lawful mubah mubaah sunna sunnat sunan prophetic practice dalil daleel adillah adilla proof shirk shirq mushrikin polytheism iman imaan eemaan eeman koran quraan al-quran sura soorah suwar soora chapter ayah aya ayat ayaat aayah aayat sahabah sahaba sahabi sahabiyyah sahabiyat makka mekka madinah madina al-madinah madeenah yathrib shiah shiite shi'i twelver ithna ashari 'alim aalim ulama ulema ulamaa shaikh sheik shuyukh shaykhs ummah umma ummat nikkah nikaah nikah nama nikahnama wali walee awliya awliyah talaq talaaq triple talaq talak niqaab burqa burka purdah parda face veil deen al-din ad-deen ad-din ibadah ibada ibaadah ibadat

video · 47:19 · 19,000 views · 10 May 2019 · 9 segments · Open on YouTube

Press play to load from YouTube. Nothing loads until you do.

9 segments

machine9Each block is a segment in time order. Click to open it.
Question answered · 1Lesson or reflection · 8

All segments · in time order

1 · 0:00I converted to Islam but my husband didn't. Do I have to leave him?The marriage contract · Converts and newcomers · raised by Mufti Abu Laythmachine 5 min 09 s1:18on YouTube
2 · 5:09What does the word nikah actually mean?The marriage contract · Quranic Arabicmachine 3 min 48 s5:09on YouTube
3 · 8:57Do converts have to redo their marriage after becoming Muslim?The marriage contract · Converts and newcomersmachine 6 min 28 s8:57on YouTube
4 · 15:25Did Islam invent marriage?Pre-Islamic Arabia · The marriage contract · Individual hadith explainedmachine 4 min 59 s15:25on YouTube
5 · 20:24Which verses forbid or allow marrying non-Muslims?The marriage contract · Christians and other faiths · includes a quoted viewmachine 6 min 53 s20:24on YouTube
6 · 27:17Did any early scholars allow marrying Zoroastrians or idol worshippers?The marriage contract · The companionsmachine 5 min 46 s27:17on YouTube
7 · 33:03Does Quran 60:10 mean a marriage to a non-Muslim is automatically void?The marriage contract · Contested versesmachine 3 min 56 s33:03on YouTube
8 · 36:59As a convert, should I try to convert my spouse or family?Converts and newcomers · Dawah and debate culturemachine 3 min 49 s36:59on YouTube
9 · 40:48Is a marriage between a Muslim and a non-Muslim valid?The marriage contract · Choosing a spousemachine 6 min 33 s40:48on YouTube

Transcript

machineauto-transcribed, may contain errors · source: youtube auto · click a time to seek · dotted terms open the glossary
0:00

right so the question is when people some people convert it to Islam I'm gonna get I'm gonna be distracted I'll stop reading the the comments right so some people convert to Islam and the spouse the husband or wife hasn't converted so this won't be problem you know so on one way there's the beam on the other way there's the it's like oh right so this becomes a struggle a struggle for people so they've asked

0:39

questions that look if especially if coming from women and that right especially coming from women that when they've converted and the husband doesn't convert to Islam must they leave their husband now some people have given them the advice that now now right so

1:18

you must leave your husband and I think this kind of attitude is so apart from it being home-wrecking it is disastrous it's absolutely disastrous okay now under the this is where this issue emerges any court light okay so since then several people have spoken on the topic they've issued rulings chef abdullah today who currently resides in the UK i believe now he he's also authored a book on it right including several of the scholars who have said

1:58

it's permissible namely some of these scholars have said that this woman can stay with that husband even though he's a non-muslim and they can remain married so I'll give this fatwa first then I'll go through the discussion okay so just to explain what the ruling is first of all right so the ruling according to share abdullah bin baya is a great epic scholar of our age Maliki in essence his people definitely know of him is the teacher of Sheikh Hamza Yusuf now and I believe share Hamza Yusuf would be with him on this now they share

2:37

abdullah bin baya has clearly given the fatwa that the wife can stay with her husband this was also the fatwa as I mentioned of sure hard to love today of share card ah we use of a condo we it was is the fatwa of Sheikh Ahmed Omar Hashim who's there are ease of giametta as her who was sorry previously the the head of geometry as her regimental as her is the fatwa of the tour mohammed el buro who is the race the kind of chair of dhamma yet solomon as her who's the

3:14

chair of the Council of scholars of al-azhar hizmet was well and also with them bandana cheese standing in the cute with weirdly is upon okay so I to agree with these scholars that the woman does not need to leave her husband okay she can stay with her husband and vice versa okay so the husband can stay as well with the why with the wife but I

3:52

was just saying that commonly the issue seems to be appearing more so from women than it does from men now what if they aren't married now you see that's a different interesting discussion because I believe that you see when you say they aren't married there's two things to that Oh up one is that they they're just like dating so okay that's that's fine you know then they weren't really in a relationship anyway the other is that they were in a relationship but it wasn't like a civil marriage but was a relationship now in my understanding and I've got a segment on

4:30

this that if a person is in an exclusive relationship that is known to people as it is an exclusive relationship then technically that is it seems to fulfill the conditions of an orphan occur okay because what is an orphan occur it is just exclusivity that's all it is just a bill to her will - that's it you know I accept I accept that's it there's nothing more to it now right so that would count as in the relationship is the okay so that relationship she can remain in that relationship if they

5:09

would in a relationship to start off with and okay then it's I mean it's her call anyway she doesn't have to I'm just saying that she could now okay so right now let's start getting into the explanation of how do we arrive at this and what is going on well first of all we've got to understand that this issue in and of itself right so to understand it better we got to go to the roots that what is a Nika first of all let's grasp grasp that so Anika is a relationship

5:49

that is kind of you know that's it's I would say sacred yeah in fact let's say sacred it's a it's a kind of special or a sacred relationship that people have now whatever that means to them it can mean something different in a different context but it's a it's a kind of sacred relationship that people have usually of exclusivity that's the kind of or there's some exclusive rights to and for one another now Nika Lou gotten Lou gotten just

6:26

means sex okay linguistically the term Nika just means sex that's all it means Estela and as terminology it's referring to the kind of contract that too that a couple have that's its technical usage its linguistic usage is just having sex and hence you got a you know what I read this is why you gotta be wary of Google Translate because I read this today somebody actually shared

7:00

a picture of my share who was I share who was reading a mica right so he's an arabic-speaking share and he posted in Arabic but the Google Translate or the on Facebook had the translation of the so he he had posted in Arabic that he was with he said mahi Micahel mala so Michael mala right who's by the way he's it's not his wedding it's not his kneecap but he was just the maybe he was reciting or something he says he acting

7:37

Nicola shots in Arthur Lisa McKay that's what he kind of wrote on his also it's an Instagram Instagram post so he wrote that I it's not me Kyle's mica but we just they I was there at this contract of Nika but Google translated it also read the automatic translation at the bottom said if my brother Michael mala right okay now this guy right now this got corrected right so okay so later on I think he corrected it but it said on there I'm one of the things that I can't

8:17

believe I don't know if this was somebody's messing around but he actually said it as within the contract of shagging the contract of shagging that's right so so don't be surprised that Google Translate in these things if they translate Nika as just sex because linguistically that's what kneecap means it just means that okay so I thought I'd just quote that because I just saw it today right but linguistically means this contract now all Muslims are in agreement that nicka

8:56

for Muslims has certain conditions okay that you must accept you know you must offer they must accept there must be some witnesses or an announcement or something like this that's for Muslims what about non-muslim Nakata so majority of all Muslims accept that non-muslim nikka in their own in their own way or valid for us okay even though they are not Muslim but if they valid for them then they are valid for us for them so for example if a couple came and they

9:35

said we are a couple so let's say a Hindu couple came or just a regular couple an atheist couple or anybody came and they said we're husband and wife well we're a couple we have to honor that that they are a couple we can't say oh well you know according to the conditions of my car they must be a mehar and they must have been two witnesses or announcement and did you do this or did you do that no none even if they did a secret marriage nobody knew anything but if it was okay according to them then Islam has to honor them according to their way of life that's

10:15

all so you get scholars like Imam serach see clearly writes about that that even according to our mama Baha'i faces so even if non-muslims had got married without witnesses without guardian without mehar without everything but they got married and according to them it was fine Aladin him if they both became Muslim they are not asked to repeat their nikka right so the point here why did Muslim scholars discuss this point the point was that if people embraced Islam as a

10:54

couple or as a family do we as Muslims ask them to repeat the Innoko and the answer is no we don't so in the time of the Prophet many people embraced Islam they were never asked to repeat the Innoko the Prophet never said oh you need to repeat any kind that ever and in fact people in cribes embraced Islam they were never asked that you need to repeat your new car so this is so just to be very clear on that okay now what does that mean what can we deduce from them where we can

11:32

deduce from thee that the nikah of the non-muslims is valid so if it's according to them they rules whatever their rules are but according to them it's valid so just like in today so let's say in in contemporary law so let's say you get married in Pakistan now you're married in Pakistan now years later in the UK you decide to have a divorce now by the way many people don't know this I'll just answer these stuff

12:11

if you get married in a country abroad and you come over here with your with your spouse you're not automatically registered by the way many people assume they are they're not right but so according to the kind of Register Office you won't be recognized as married however you can still apply for a divorce in this country now if you apply for a divorce you would have to provide a certificate of marriage which technically wouldn't work in this country because the rules and regulations would be different to this to when you conducted your marriage let's say in Pakistan they could have been different like let's say there was

12:49

an age difference or let's say this was your second wife in Pakistan whereas in the UK you couldn't have a second wife or let's say this was what are trying to say is let's say violated a condition that would have applied here but if you wanted to conduct a divorce and you provided that certificate then the English courts under international treaties on recognizing that let's say Pakistan is a sovereign state would honor that certificate of marriage and say well okay okay according to that sovereign state therefore you can apply for divorce here so it works in a similar way in

13:29

contemporary law now in Islamic law we work in a similar way and works in a similar way that had the resveratrol backup wife like like when the hard drive breaks down you got a backup right so my point is when people embrace Islam they're not being asked to repeat the Innoko that is majority outright overwhelming majority of orlimar of Islam have been on the of that understanding the Maliki method the Hanafi method most all most of these

14:07

methods all recognize that look if they were Muslim they are not asked to repeat the Islam so the prophets daughter Zeynep when she had married I will Haas and as they he was a mushrik in Makkah when she came with the Prophet to Medina years later years people years later he came to Medina and they got back together they never repeated Anika and she actually offered him protection and she he came to see her and and to remember and then he embraced Islam he hadn't embraced Islam so and she's the

14:47

one that actually said you know that he has kind of like and they had a system that somebody could offer protection and she said well he has my protection nobody should harm him and he wasn't harmed so there's a lot of different rulings people extract from that but the point is that the Anika was still valid and that's important to understand why that shows that even though they weren't Muslim even though the conditions were being met but then Nika was still a valid Nika how else do we know that this is is valid you see there's a hadith in

15:25

vihari people the it's incredible Nika and it's from eyeshadow the lonja who says that Anamika feel jahiliyyah can allow her body and her that it's hadith number 5 1 to 7 in katha Bonica that she says that Nika in jahiliya times was of four categories and then she begins by saying Faneca min her and one of the knickers

16:03

from amongst those four was Nick Ivana's a young is the Naqada people today are still upon so this hadith is really interesting why because it shows us that Islam never introduced Mika he never introduced these things these were practices from jahiliyya the from pre Islam the practices were already there so she says one of the 4 new cars of jahiliyyah is that which people still are still upon today meaning that you go when you proposed and and the other person accepts and so on and that was that one of the Nika the other type seemed to be really

16:42

interesting one was that Nick on our car gives the meal rot that a group of people a gang of guys less than 10 would get together and they're all cooked all enter upon a woman this is why it says I'm not making this up this was one of the jahiliyyah type of and if she got pregnant and gave birth were morally Earl in Barton Tamla are selectively him fellow mr.

17:17

Raj aluminum and him Tony and if she gave birth she would then summon them and they had to all attend it's like the usual suspects they all back now it's like I mean the first time they did they were all like hmm and now that there's a child involved they're like it's the same crew this is the old sober this time right so and then she says cut the rough to melody can i mean i'm murican she says that and the woman would say that you know you know what's happened what you guys have done and now that

17:56

I've given birth and then she would just say to any one of them he's your son and that's he and the guy had no choice if he was from that gang so this was the kind of Elvis not to the kind of gang bang version of but that's that's what it says he's it says that in the right I'm not making that up look it says only right so sir if so that's one type of jahiliyya another type was yes tell me

18:30

unnatural Kathy but this she says were but that was actually the decent women they weren't like kind of prostitutes or anything she says the fourth category was one of women that were prostitutes and they used to have these flags hanging out shut it doors right so so whoever that was the clear symbol that if you that it's all game it's hunting season so whoever wanted could just go and if she got pregnant she would just get them together then she would call a kind of

19:09

specialist that would try to figure out through who kind of resembles so they used to call him to offer these kind of people that would they were really good at seeing things like if the fingers or the the feet or the you know maybe the eyes they resemble a certain person he would that would be an expert he would be like the forensic he would like come in like well well well there's been quite a scene here but that's the kind of job you want as a career that you are

19:45

you being called in but that oh oh you just busy as with the earlier crew you just part of the Royal Rumble I'm going to work today you put on your gown I'm just walking through the streets this is like it's a difficult life this is difficult job but somebody's got to do it the cigar in your mouth anyway people so these were the different kinds of nikka that existed in jure hylia but the one that carried on was the normal one that where

20:24

you go and propose and the other person accepts and so on so this you can see was not something that Islam introduced it was really there but Islam kind of allowed said there was nothing wrong with it so that's fine now then you have the issue okay what about marrying so if they in the house of the non-muslims are okay in the niqab the Muslims are okay what about if they intermarried do we have any precedents first of all well one point we have straight away what what do we have any objections because if they

21:02

make as valid and arnica is valid so what if they in turn me yeah you know the they did the in turn occur then the question is well some people would say nope that's not okay because there's a verse of the Quran is it sore at all maha nada where Allah mentions that la Elohim well home yeah hey Luna LaHood that those women are not halal for them and he's speaking about those women who did Hydra and the Muslim women that came to Medina they not halal for their husbands back in Makkah and a not halal

21:40

for them so somebody could object with that verse they could equal equally object with the verse that voila thank Allah will surely cut had a young men that do not in Surat al-baqarah that do not do not marry the mushrik at women until they believe and then Allah further states well I don't get who and do not marry off I'll mostly came to the mushrikeen as in your women folk do not marry them off to them Hetalia me know until they believe that's in surah Baqarah verse 2

22:18

to 1 now so the question is that well with these verses that could be an objection that ok that they can't intermarried well okay well we've got that objection now what do we have in contrast to that what we have in contrast is Allah mentions in Surat al-ma'idah verse 4 Allah says yes a Lunik a mother or Helen home what as they are asking you what has been made

22:55

halal for them hella locomotory but that good things have been made halal for you or my alum terminal jewelry Michaela bean to aluminum in my Alamo common law and the animals you use for hunting from what you teach them from what Allah has taught you owe me man I'm second o alaikum and then what they hunt for you you can eat from it is halal what charisma Allah what Curtis Malayali and mention the name of Allah what of Lionel La Cigale sir then verse 5 a glioma helicopter Javert what the AMA ladina Auto alcazaba halo Lacombe what are mukham halo l'homme

23:34

that today good things these good things have been made halal for you the food of those who have been given the book is halal for you and your food is halal for them well my son at a minimum minute and women that chaste women of believers will mas and a terminal adeana Auto Nikita Birmingham Lincoln and the women of those who are given the book before you now that is really interesting because well wait a minute here you are marrying a Jewish woman or a Jewish man

24:10

I'm sorry a Jewish sorry that Freudian slip there or a Christian woman right so the question is well there are completely different according to a Jewish according to Jewish teachings the child so long as the mother is Jewish is always Jewish then you have a tradition from even a whole mother of the Ilan I'm saying that that the Christians are mushrikeen that they are some of the he says I don't know I'm Moochi greater than one who says Jesus is my god is my

24:48

lord so if this has been made halal for them so why not for regular non-muslims to here is the question why not now one may say well you know these people still believe in one God okay hmm but the question is well Christians can believe quite differently if you think about it Christians do you know what Jesus oh sweet Jesus you know that these kind of things like Jesus being Lord is such a

25:25

primary focus of Christians yet it's permissible somebody some people have said oh the reason these people were okay because the food was a kind of halal and you think well really because Imam Malik answers that he says and this was Imam Ahmed as well that the reason he didn't like Muslims marrying Christian women because it is not permissible for a Muslim man to prevent his Christian wife from bringing alcohol or pork into his home is not permissible Imam Malik says lace Allah who I am now

26:02

he cannot stop her islamically even though it's his house now think about it you would think back then in a patriarchal society they would have stopped down yet Imam Malik clearly and Imam Ahmed said it is not halal for the husband to prevent his what because it's halal for them to drink alcohol to eat poo and Imam Malik said the and it is inevitable she will definitely give her children pork because think about it the man is hardly at home he's probably working he's doing this and it's hard for her to eat it she's gonna pork what you think she's not gonna feed

26:38

it to her own kids so and it was so easy for Imam Ali call those people to say it's the man's house he should say well this is my roof my rules you take the pork out throw it out you're not allowed to bring it but no he said lay sallahu I am NOT haha he cannot prevent her from you know eating laughing things here all come up so okay so it's not the food it's not the influence of impurity and stuff like this hmm okay what about another spanner in the

27:16

works what about the miju's the Rast Rian's now here it gets a little interesting because imam malik transmits in his multiple people this is the book of imam ali khan happy now he transmits about the jizya values here in hadith number in this edition right 631 had these 631 from Malik from and this is really interesting you know Imam Malik sometimes he doesn't normally transmit from imam ja'far

27:55

as-sadiq not I mean we don't know the reason but he doesn't generally have transmissions much from him although imam ja'far as-sadiq was his teacher but yet here Imam Malik is transmitting from imam ja'far as-sadiq from his father Mohammed Alberti from his father ali zayn al-abideen and it got but then he says from Almighty Blanca pop really interesting that Imam Malik brings a chain going from the kind of Shia Imams and then linking it through to homer as well through him demonstrating that maybe you know things

28:33

that these the things have just become unnecessarily so politicized that you know that they did have this kind of respect for each other and love and admiration so he transmits from Omar that the that he mentioned Medusa's Austrians and he said how what do I do about them I don't know so abdul-rahman even out said I heard the Messenger of Allah say shinobi him Sonata a lil Keita tsunami him Sonata a link it up then you treat them the way

29:11

you treat the people of the book that go not just soon all I take the same Sunnah the same road for them that you take for so based on this when it came to having that could you have intimate relationships with these people you had certain scholars all of sudden certain companions like her they furtive Dalia man rody Allah on said you could with the miju's you had people like I'm Reba Nadine are from Makkah who said you could you had a five no beer ABBA who said you could especially and I know it's a whole different discussion I've discussed it in the past as well about

29:51

things like servants and that they had in the past and slaves now but expanding on that and I've explained all of that in a separate segment and you can watch it out on I mean you can check it out on YouTube about slavery and I've explained how with trajectory hermeneutics that was to be made harm in time to come but it's interesting how especially in though but indeed in those aspects as well that they said that the stree ins were just like the people of the book now now who's who is a student of empanada bus went one step further and

30:30

said a me idol worshiper to he said what the nyet even women who worshipped idols and he based this on the Battle of the Prophet which was known as versatile authors that when they came back from thee there were several women that came back with them that many of the companions had relationships with and they said that Tahu said that they weren't Muslim and they weren't Adil get up they were mushrik at there were women that used to just worship idols now based on this people when you see all of

31:08

these kind of things you understand that well okay so why wasn't this commonly happening and what you get is that look Islam in its early time was a make-or-break deal with the Companions and with the early communities and it was important that Muslims kind of set up families set up a society for Islam to really flourish that at that time it was going through an unstable and insecure phase in tight like today is farm like let's say when

31:47

we are 1.8 billion people on the earth Islam is no longer insecure you know with the likes of me or you whatever we make no difference to Islam you know if Islam is here to stay now it's not the same as it was in the beginning when Islam was simply a society now at that time if people started diluting and branching out it would have could have caused problems so this is why strongly emphasize the bond between whistling between people of the

32:25

same of the same thing so you could have that kind of a household even today this is the ruling generally within Islam I feel that it is still strongly encouraged that that is that you share common faith you share common goals especially when it comes to family life but the question is if you didn't if somebody did conduct a Makau with a non-muslim or somebody embraced Islam and the other partner was still non Muslim is that relationship still valid is it valid I'm not saying is it a good thing or should you be doing it but is

33:03

it valid and I believe it is valid just as those other of scholars I've quoted and what's interesting as well is and the delivery under the verse of the Quran well at some sicko bi Semenko her fear that do not hold on to like in a relationship to the disbelieving women this was a verse now some people use this as an evidence well if that were the case my first point would be that the nikah all ought to automatically have broken like think about it if this verse meant that a niqab doesn't happen between a Muslim

33:42

and a non-muslim then that meant that all the Companions who had non-muslim wives at the time of high Chara right so they it would have just broken automatically if that was the case then why is it when this verse was revealed well at times it could be a cement Kawara fear right after the the women had turned Hegira Omer if not poverty alone had two wives who were still not in Medina they were mushrik at they weren't Muslim one was called paraíba bint ABI Omega and the other was called OMA consume Binta Amaral Hosea secreta

34:21

and umm Kulthum am replica table divorced them he said Allah , he gave them two lakh now the question is why would you beginning to lock unless the nikah was actually valid you'd only give the lock if it was actually valid to begin with if it wasn't even valid then why are you giving the lock so that's a further evidence really and this verse will add some Tsukuba high cement cover fear and this one I quoted earlier la allahu w'allahu mia hey Luna long that they are not halal for them for those men and those men are not halal for them

35:01

shaykh abdullah bin baya mentions that this verse was speaking about the mahajan rods about those women who did hey general and came to Medina it was not speaking about people in general because it begins by saying that when the Mahajan at women come come to you and so on now so that that's what it was in contact and it was sorry it was to do with the context of just following the soul of hudaibiya and when the maja Jared women came and the Prophet didn't return them because some of the mushrikeen men in Makkah asked for those women to be sent back and they would have been tortured

35:40

as well and the Prophet refused to do it now so in this verse that lon hello LA or latter Girona I do not send them back to the court they are not halal for them they are not halal for them this was a ruling of saying that was specific to the what is it Mahajan art okay this is what share Abdullah bin Maher writes and how do we know that that they are not halal for them and they are not halal for them because other marriages were allowed to motion to mushrik out like like Christians Chris Christians are also mushrikeen from from one aspect

36:20

they do believe in Jesus to be God yet the nikah is perfectly valid right and relationships with worsening at idol worshipers are going to taru sand was permitted and with the Rast Rian's are going to her they fertility man or the alone on and Amrit Manthan are and according to orthogonal Yoruba and so all of these so this was the kind of summary to show that it wasn't actually as straightforward this issue that if a woman embraced Islam and the husband was a non-muslim if they emerge hacia brings nine different opinions right

36:59

representing what to do in that or what the scholars have said in that scenario so to sum it up people once again that in that situation a woman can't stay fit to Islam her husband and she can stay with in that relationship with her non-muslim husband if she wants to and what's interesting here site nor does she have to convert him or try to convert him and you know in a previous show some people I mentioned as some people were kind of they're making these clips about me from a prior Q&A where I was asked that you know what's the best thing for converts to do and I said

37:39

don't try to convert your family and people are saying oh my god agent agent of the agent right I wanna quote to you this is model wanna of imam malik transmitted by student even if awesome right now he says now check this out this is imam malik people imam malik culto our ETA in islamic tell Maura without you her kaffir he says worried what do you say about this if a woman

38:18

became muslim and a husband is a kaffir he says a year ago a la Sol gel Islam if holy moly Kamla is should Islam like should they present Islam offer Islam to her husband should it be offered like through her should she offer it or maybe people ranch should they present it to him oh la la are other allele Islam fira

38:52

la you are an ally in Islam he said Lara do you do not offer or present Islam to him that was Imam Malik right why because his point is what for that's not how it works you know he he wouldn't know what Islam is because she's embraced Islam you think he doesn't know what Islam is if he accepts he accepts it if he doesn't he doesn't you don't need to be presenting these kind of things to Islam doesn't need to throw itself around it's

39:31

not that cheap you know you don't need to feel that all everybody needs everybody needs to embrace Islam Islam has a value to it if people want it they can come and have it if they don't want it that's fine there's no harm in speaking about Islam that's all good but my point was that there's no need for this obsession to try to convert people there's no need for that and that was Imam Malik you know people say agent hmm sellout hmm would they say that about my Malik

40:09

the legend of Medina the dawn of Medina that was from him I was simply representing people the school of Medina that was Imam Alex teachings so my point coming back to the topic is that look a woman can choose to stay in that relationship if she wants to right that's all I'm so that's the fatwa a summary of all of of what's being expressed the argument is that Nika was not a kind of relationship Nakara means a relationship a kind of

40:47

ceremonious relationship which carries different meanings in different cultures for us and Islam that there's right in most relationships there's some kind of rights for and and towards one another okay now and some kind of exclusivity now Anika was not something Islam introduced but Islam recognized as a important different studies point to Nika of any culture and community and any faith and no faith is equally recognized by Islam so if those if that couple embraced Islam or that family

41:27

they are not asked to repeat a Nika regardless of them performing the Innoko under the any kind of conditions that we may not agree with but so long as they agreed with the in their lifestyle that we are a couple then that's fine Islam honestly so if Islam honors Macca's of any lifestyle or whatever to be valid then in essence they would be valid regardless of who was participating if there's a Muslim and a non-muslim so even in Macau between a Muslim and a non-muslim

42:03

would be valid the Delisle for that is when the companions were discouraged from these kind of nika's people like I'm ignore her poverty law I'm divorced his Christian essaouira no Christian he's mushnick is kind of pagan sounds funny to say faking pagan kind of wives koruba an Uncle Tom who were mush riccati divorced them right so with these points and you've got the fact that as a final final point you have

42:39

that Islam does encourage strongly a family kind of set up and a family unit and they by does strongly recommend and not just strongly recommend that in Mecca is between Muslims if it is over Muslims so you marry a Muslim that is it's Islam's primary focus so you can have a safe or a kind of a zone a harmonious zone in which you can raise children who would not be in conflict of faith between the parents and things like that so with these things in mind

43:18

that's how it generally goes about that Islam that Macau was not something it introduced that it just acknowledged it also acknowledged that of the different faiths that they were valid in their own right that based on that they should be valid between themselves as well okay so if they did so whether it's Muslim and what if I in faith or no faith but that said these things are not encouraged in Islam okay they are kind of discouraged and you are encouraged to marry within the faith but

43:57

these things would be valid if they happen so I hope that kind of sums up a lot of I'm just trying to think if there were any so all the children right all the children it really really religious so what are the children I suppose as you bring them up they will be brought up I mean with the understanding that you bring them up you mean if they are let's say if one of the parents is Muslim the

44:35

other is non-muslim they may be a conflict and this is why Islam encourages strongly that you marry within the faith that said that Mikael would be valid there's a difference in it being valid and it necessarily being the right thing was the best choice from a faith perspective I'm not saying it's the best choice from face it probably is it may be a disastrous choice from the faith perspective but it would still be valid okay so there's a difference between validity and between the quality of something okay so I need you to understand that so the whole point today

45:13

was to simply emphasize that even if a Muslim married a Hindu for example that then Macau would still be valid but it may not be a qualitative relationship and it may be a disastrous one from a religious perspective yeah but it would still be valid if that makes sense they somebody said traditionally the child has the father's religion not necessarily I mean if the mother was Muslim that's fine she could so long as she had a sway she could bring the child of a Muslim as you saw in the Jewish teachings so long as the mother is

45:53

Jewish the child is Jewish not by the father and I think this is you know this it's not necessarily the case that it's always with the father how about micariff Noor and his wife and Pharaoh and wife I'm not sure what the question is how about Anika I've got no idea what that question is Muslim marrying a Hindu a stuffer last bottle whoa I'm not saying by the way I've stressed I'm not saying these things are necessarily from a religious perspective

46:32

good or that people should do them I'm not saying that but I'm saying if they were done is the nikah valid that's the difference and I feel it is valid most eSAB is your spouse must aren't we all Muslim in the sense that we will ultimately submit about the wedding night he means the wedding night well I'm sure who's thinking about

47:11

worship on that night worshipping something else like right people

Something wrong here?

Tell us what is wrong and it will be checked against the recording. Nothing changes until a person has reviewed it.

Sending a note needs JavaScript, which is off or unavailable in this browser. Nothing has been sent.

No name, email address or account is asked for or stored, and the inbox does not store your IP address. For rate limiting it keeps an unreadable fingerprint of your connection for 48 hours, and our database provider's own logs record connections as every website's do. Only your note, its kind, the page and the moment in the recording are kept, for review.

Cite this recording

Stable id, transcript version and tier are part of the citation. Every change to a transcript is logged.

Mufti Abu Layth Archive, auto-transcribed, may contain errors. https://muftiabulayth.org/r/c8fjy8mcezm/ (accessed 1 November 2026)

APA 7
Mufti Abu Layth. (2019, May 10). Can a Nikah with a Non-Muslim be valid? - Mufti Abu Layth Al-Maliki [Video, auto-transcribed, may contain errors]. Mufti Abu Layth Archive. Retrieved November 1, 2026, from https://muftiabulayth.org/r/c8fjy8mcezm/
Chicago author-date
Mufti Abu Layth. 2019. "Can a Nikah with a Non-Muslim be valid? - Mufti Abu Layth Al-Maliki." Video, auto-transcribed, may contain errors. Mufti Abu Layth Archive. Recorded May 10, 2019. Accessed November 1, 2026. https://muftiabulayth.org/r/c8fjy8mcezm/
BibTeX
@misc{abulayth-c8fjy8MceZM,
  author = {Mufti Abu Layth},
  title = {{Can a Nikah with a Non-Muslim be valid? - Mufti Abu Layth Al-Maliki}},
  year = {2019},
  month = {5},
  date = {2019-05-10},
  howpublished = {\url{https://muftiabulayth.org/r/c8fjy8mcezm/}},
  url = {https://muftiabulayth.org/r/c8fjy8mcezm/},
  organization = {Mufti Abu Layth Archive},
  urldate = {2026-11-01},
  note = {Auto-transcribed, may contain errors}
}