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

*'Opening Pandora's box': Mufti Abu Layth's fatwas on marriage to non-Muslims and anal sex, and the face veil*

- URL: https://muftiabulayth.org/r/housirokbvu/s/16/
- Date: 2020-04-19 · Kind: discussion · Transcript tier: machine · Recording: Shaykh Kashif Khan | Policing thought, Pornography & Pandora's box | MindTrap with Mufti #15 (1:23:10–1:28:23)
- Status: general teaching
- Watch from the start of the segment: https://www.youtube.com/watch?v=hOusirOkBVU&t=4990s
- Recording page: https://muftiabulayth.org/r/housirokbvu/

**Topics:** The marriage contract; Sexual ethics; Hijab and niqab

**Summary (not a quotation; machine-made, unchecked):** Mufti Abu Layth says he holds that a nikah between a Muslim and a non-Muslim would be valid, especially for converts whose spouses remain non-Muslim; both say quoting recorded minority views gets them accused of opening Pandora's box.

## Longer summary

Mufti Abu Layth says he gets the same criticism, and recalls his video fatwa on marriage with non-Muslims: Muslims generally marry Muslims and faith is an incredibly important factor, but if a Muslim and a non-Muslim contracted a nikah he believes it would be valid, even if certain factors were missing, drawing on the Hanafi distinction between void and defective contracts, and particularly for women who convert while their husbands remain non-Muslim, who he said could stay with them; he says several of the salaf held this and there are some nine opinions. He says he is accused of popularising long-dead fatwas, as when he said there is a difference of opinion on anal sex within the Maliki school, with transmissions from Imam Malik, a report in Sahih al-Bukhari [?], and others holding that nothing sexual is haram within nikah, and similarly over masturbation. The guest says ten or fifteen years ago Indian and Pakistani Salafis maligned al-Albani for his book on the face veil, that he himself debated a Barelvi mufti on it although the Hanafi school holds the face veil is not obligatory, and that his article on the validity of prayer with trousers below the ankles, quoting Ahmad, Abu Hanifa, al-Bukhari and Ibn Taymiyya, was still called opening Pandora's box.

## Sources and names cited

- Shaykh Kashif Khan (guest)
- nikah
- batil and fasid (void and defective contracts)
- Imam Malik
- Sahih al-Bukhari [?]
- report: ibn umar report on anal intercourse with wives in sahih al-bukhari (unresolved; garbled)
- al-Albani
- niqab (face veil)
- Barelvi
- isbal (garments below the ankle)
- Imam Ahmad ibn Hanbal
- Abu Hanifa
- Imam al-Bukhari
- Ibn Taymiyya

## Transcript (machine tier, 1:23:10–1:28:23)

[1:23:07] opinion with anyone other than the Prophet 100 person he cannot you know be in agreement with anyone so you have to tolerate if you told it the difference of opinion absolutely but somebody I get these kind of questions hold me a lot as well that people will say you know most of you bringing this out as an opinion you bring it in fact today I was just discussing earlier on that I previously given the fatwa that I've got a video on YouTube where I'm discussing and myka with non-muslims and I had said that

[1:23:46] even though but generally speaking for the most part Muslims always will marry Muslims I mean they tempt you that's how the world just tends to work people you know these that's how things pan out I said that and faith is unquestionably an incredibly important element in a couple's life it will always come up as a factor but I said if two people of an opposite faith one being Muslim and one being non-muslim had a niihka would then niihka be valid for Asli he so my fatwa

[1:24:24] was that I believe it would be valid he also he even though it may have certain factors missing so and I gave examples of how the Hanafi faith differentiates between bottle and facets and things like this and I said this was especially for people who you know sometimes they convert to Islam but they like to some women they've converted to Islam but their husbands are still non Muslim so I had said that they did stay with them if they wanted to now clean Ian I mean yes there was several of the son of hell that understanding as well and I think

[1:25:03] in total there was something like to nine different opinions on this issue but but I think get accused that look you're opening Pandora's Box you know you are popularizing Fatah WA that other people don't know like when I was asked on anal sex within the molecule methane and I said that you know the that there is a difference of opinion on this matter and there are transmissions from Imam Ali in fact Sahil Behar he brings the rewire from it no ma there's been other people that have held the view that nothing sexual is haram so long as it's within niihka now people have you read look you know you're being academic

[1:25:41] but then you're opening up your reviving Futaba than a long-dead or people don't know about or the masturbation one I was highly kind of criticized for that even has some highlighting this thing I think you also mentioned something on that on Venus book as well yeah what was that did you get a backlash yeah a lot of people they criticize me for this for this for this thing but see if you go on some ten years ago ten or fifteen years ago even discussing on faith real

[1:26:20] difference of opinion and face will used to be considered is what happened or faith Queen over ten years ago yeah people used to malign a llama Albani in the Indian and Pakistani Celsius used to malign him aloft on writing a book on face field and you wouldn't believe I had that debate with a Braille view mostly on the face wheel issue and he was criticizing that n heat Alam Albani that he he was spreading cetera although the hanafi madhhab

[1:26:59] himself fear of the view the faithful is not obligatory but you can imagine the there how backwards these people are like they don't adopt it changes and even though you are discussing something if it's already in the fig books but they define their own norms and our own things they don't want to discuss them let's when I wrote an article on keeping your trousers above the ankles and the prayer is valid I quoted Imam ammidon humble Imam Abu Hanifa Imam Bukhari Ignat a Nia and prompt us to contact all

[1:27:37] the contemporary scholars but still what this it's you're opening a Pandora Box you're not right on it they see people will always to decide you who is going to define what is opening a Pandora Box you know but okay on that note just being devil's advocate sure that you know this you you highlighted in one of your posts on this thing of saying well viewing nakedness through a reflection

[1:28:16] the reflection of a naked woman to look at it what OB shewe he said even if it sweet desire is now Haram which in this day and age is basically pornography now as a fact well I find that once again as a fatwa from the the mechanics behind in the mechanisms what go into a photo I find that very fascinating you know but what I found covered why we can do something with this first one but I mean people would say look now you've highlighted these Shibu J was a shampoo

## Cite

Mufti Abu Layth Archive, segment hOusirOkBVU/s/16. https://muftiabulayth.org/r/housirokbvu/s/16/

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