# Is a marriage between a Muslim and a non-Muslim valid?

*Valid but discouraged: summary on mixed-faith marriage and the children*

- URL: https://muftiabulayth.org/r/c8fjy8mcezm/s/9/
- Date: 2019-05-10 · Kind: lesson · Transcript tier: machine · Recording: Can a Nikah with a Non-Muslim be valid? - Mufti Abu Layth Al-Maliki (40:48–47:21)
- Status: general teaching
- Watch from the start of the segment: https://www.youtube.com/watch?v=c8fjy8MceZM&t=2448s
- Recording page: https://muftiabulayth.org/r/c8fjy8mcezm/

**Topics:** The marriage contract; Choosing a spouse

**Summary (not a quotation; machine-made, unchecked):** Yes, it would be valid, but it is discouraged: Islam strongly encourages marrying within the faith so children are not raised amid conflict. Validity is not the same as being a good choice.

**Checked position (checked by two independent reviews, not by the channel):** Mufti Abu Layth says a marriage between a Muslim and a Hindu, for example, would still be valid, though it may be a disastrous choice from a religious perspective.

**Evidence, his words at 45:13:** “even if a Muslim married a Hindu for example that then Macau would still be valid” (https://www.youtube.com/watch?v=c8fjy8MceZM&t=2713s)

## Longer summary

Mufti Abu Layth summarises: nikah is a relationship with rights and exclusivity that Islam recognised rather than introduced; Islam honours the marriages of any culture or faith, so converts are not asked to repeat theirs, and by extension a nikah between a Muslim and a non-Muslim would also be valid, as shown by companions such as Umar divorcing their mushrik wives. He stresses that Islam strongly encourages marrying within the faith so that children are raised without conflict between parents, and distinguishes the validity of a marriage from its quality: a Muslim marrying a Hindu would be valid even if it might be a disastrous choice from a faith perspective. Answering chat comments, he says a child does not necessarily follow the father's religion, noting that in Jewish teaching it follows the mother, and closes with light remarks.

## Sources and names cited

- nikah
- Umar ibn al-Khattab

## Transcript (machine tier, 40:48–47:21)

[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

## Cite

Mufti Abu Layth Archive, segment c8fjy8MceZM/s/9. https://muftiabulayth.org/r/c8fjy8mcezm/s/9/

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