# Does Quran 60:10 mean a marriage to a non-Muslim is automatically void?

*Is a Muslim and non-Muslim marriage valid? Verse 60:10 and Umar's divorces*

- URL: https://muftiabulayth.org/r/c8fjy8mcezm/s/7/
- Date: 2019-05-10 · Kind: lesson · Transcript tier: machine · Recording: Can a Nikah with a Non-Muslim be valid? - Mufti Abu Layth Al-Maliki (33:03–36:59)
- Status: general teaching
- Watch from the start of the segment: https://www.youtube.com/watch?v=c8fjy8MceZM&t=1983s
- Recording page: https://muftiabulayth.org/r/c8fjy8mcezm/

**Topics:** The marriage contract; Contested verses

**Summary (not a quotation; machine-made, unchecked):** No: Umar divorced his non-Muslim wives after the verse came down, which shows their marriages had been valid. The verse on the emigrant women was specific to the Hudaybiyya context.

**Checked position (checked by two independent reviews, not by the channel):** Mufti Abu Layth says he believes a marriage between a Muslim and a non-Muslim is valid, without saying it is a good thing or advisable.

**Evidence, his words at 33:03:** “it valid and I believe it is valid just as those other of scholars I've quoted” (https://www.youtube.com/watch?v=c8fjy8MceZM&t=1983s)

## Longer summary

Mufti Abu Layth says that, without claiming it is good or advisable, he believes a marriage where one spouse is not Muslim is valid, as the scholars he quoted hold. Addressing the verse 'do not hold on to ties with disbelieving women', he argues that if it meant such marriages were void they would have broken automatically, yet when it was revealed Umar divorced his two mushrik wives, Qurayba bint Abi Umayya and Umm Kulthum bint Jarwal [?], and one only divorces a wife whose marriage is valid. He cites Abdullah bin Bayyah that the verse 'they are not lawful for them' concerned the emigrant women after the treaty of Hudaybiyya, whom the Prophet refused to return to Makkah, and not people in general, since marriages to Christians and, by some early opinions, to idolaters and Zoroastrians were permitted. He notes that one scholar records nine opinions on a woman who converts while her husband does not.

## Sources and names cited

- Quran 60:10 (do not hold on to ties with disbelieving women): https://quran.com/60/10
- Umar ibn al-Khattab
- Qurayba bint Abi Umayya
- Umm Kulthum bint Jarwal [?]
- talaq (divorce)
- Shaykh Abdullah bin Bayyah
- the treaty of Hudaybiyya

## Transcript (machine tier, 33:03–36:59)

[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

## Cite

Mufti Abu Layth Archive, segment c8fjy8MceZM/s/7. https://muftiabulayth.org/r/c8fjy8mcezm/s/7/

Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.
