Relationships with non-Muslims in Islamic Law: Difference between revisions

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-The [[Quran]] and other Islamic sources prohibit certain degrees of relationship with disbelievers in certain circumstances, including with some of those from the "[[People of the Book|People of the Book]]". Its stance appears to have evolved over time at various stages of Muhammad's prophetic career, occurring in a context when the believers had been driven out from Mecca and there was a degree of enmity between them, as recorded in such verses as {{Quran|60|1}}. Some contemporary views emphasize contextual issues and use particular verses and examples from Muhammad's life to argue that friendship with disbelievers is not forbidden in most circumstances. Interfaith marriage is severely restricted (and for women, completely forbidden) by scholarly consensus (''ijma''). The Quran states in a verse about the treaty of Hudaybiyyah that believing women and disbelieving men (Kuffar) are not lawful for each other, while a later verse states that believing men are permitted to marry believing women and people of the book i.e. Jews and Christians. Believers are forbidden to marry those who associate partners with Allah (mushrikun) in another verse.
+Interfaith marriage is severely restricted (and for Muslim women, completely forbidden) by Islamic scholarly consensus (''ijma''). The [[Quran]] states in a verse about the treaty of Hudaybiyyah that believing women and disbelieving men (Kuffar) are not lawful for each other, while a later verse states that believing men are permitted to marry believing women and people of the book i.e. Jews and Christians. Believers are forbidden to marry those who associate partners with Allah (mushrikun) in another verse. The Quran and other Islamic sources also prohibit certain degrees of close friendship/allied relationships with disbelievers in certain circumstances, including with some among the "[[People of the Book]]". Its stance appears to have evolved over time at various stages of Muhammad's prophetic career, occurring in a context when the believers had been driven out from Mecca and there was a degree of enmity between them, as recorded in such verses as {{Quran|60|1}}. Some contemporary views emphasize contextual issues and use particular verses and examples from Muhammad's life to argue that close friendship/allied relationships with disbelievers is not forbidden in most circumstances.
 ==Quran==
-A word common in many of these verses is awliyaa (plural of وَلِيٌّ waliyyun, from which we also have 'wali' - the male guardian of a female or orphan<ref name="wali">wali ولي - [http://www.studyquran.org/LaneLexicon/Volume8/00000314.pdf Lane's Lexicon] Suppliment pp.3060-3061 </ref>). It is often translated as guardians, friends and protectors, or allies. The phrase walīyu 'llāh (ولي الله), means 'friend of God'.<ref name="wali"></ref><ref>Ed, , “Wālī”, in: [https://referenceworks.brillonline.com/entries/encyclopaedia-of-islam-2/wali-SIM_7842 Encyclopaedia of Islam], Second Edition, Edited by: P. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel, W.P. Heinrichs. Consulted online on 16 November 2020</ref>
-===Prohibition on taking disbelievers as intimate friends or guardians / allies===
+=== Interfaith marriage ===
+The Quran forbids believers from marrying those who associate partners with Allah (mushrikun). After the conquest of Mecca believing men were permitted to marry believing women and women from the People of the Book (Jews and Christians). There is no similar verse explicitly permitting the same for believing women, and they had been explicitly forbidden to marry disbelieving men (Kuffar) in a verse about the treaty of Hudaybiyyah. These verses led scholars to conclude that Muslim women may only marry Muslim men. The relevant verses are {{Quran|2|221}}, {{Quran|60|10}}, and {{Quran|5|5}}. Another justification given by scholars was that a non-Muslim husband may compell his believing wife to compromise her faith or their children's faith. The prominent reformist scholar, Dr. Abou El Fadl, professor of law at the University of California, Los Angeles, notes, “I am not aware of a single dissenting opinion on this, which is rather unusual for Islamic jurisprudence because Muslim jurists often disagreed on many issues, but this is not one of them". Today, there are some discenting opinions among Islamic modernists, arguing that there is some ambiguity in the relevant verses and using arguments such as that women have greater legal protections in the modern world, though this is very much a minority view. Such marriages are considered void under Islamic law. Moreover, if in a married non-Muslim couple the wife but not the husband converts to Islam, the marriage in annulled. It is also annulled if the husband becomes Muslim but the wife is neither Christian nor Jew. If a Muslim husband abandons his faith, his marriage to his Muslim wife is similarly annulled, and perhaps vice versa.<ref>Alex B. Leeman [https://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf Interfaith Marriage in Islam: An Examination of the Legal
+Theory Behind the Traditional and Reformist Positions] Islamic Law Journal, Vol. 85, pp. 756-759</ref>
+{{Quote|{{Quran|2|221}}|Wed not idolatresses till they believe; for lo! a believing bondwoman is better than an idolatress though she please you; '''and give not your daughters in marriage to idolaters till they believe''', for lo! a believing slave is better than an idolater though he please you. These invite unto the Fire, and Allah inviteth unto the Garden, and unto forgiveness by His grace, and expoundeth His revelations to mankind that haply they may remember.}}
+{{Quote|{{Quran|60|10}}|O ye who believe! '''When believing women come unto you as fugitives, examine them. Allah is Best Aware of their faith. Then, if ye know them for true believers, send them not back unto the disbelievers. They are not lawful for them (the disbelievers), nor are they (the disbelievers) lawful for them'''. And give them (the disbelievers) that which they have spent (upon them). And it is no sin for you to marry such women when ye have given them their dues. And hold not to the ties of disbelieving women; and ask for (the return of) that which ye have spent; and let them (the disbelievers) ask for that which they have spent. That is the judgment of Allah. He judgeth between you. Allah is Knower, Wise.}}
+{{Quote|{{Quran|5|5}}|This day are (all) good things made lawful for you. The food of those who have received the Scripture is lawful for you, and your food is lawful for them. '''And so are the virtuous women of the believers and the virtuous women of those who received the Scripture before you (lawful for you) when ye give them their marriage portions''' and live with them in honour, not in fornication, nor taking them as secret concubines. Whoso denieth the faith, his work is vain and he will be among the losers in the Hereafter.}}
+===Prohibition on taking disbelievers as intimate friends or guardians / allies===
+A word common in many of these verses is awliyaa (plural of وَلِيٌّ waliyyun, from which we also have 'wali' - the male guardian of a female or orphan<ref name="wali">wali ولي - [http://www.studyquran.org/LaneLexicon/Volume8/00000314.pdf Lane's Lexicon] Suppliment pp.3060-3061 </ref>). It is often translated as guardians, friends and protectors, or allies. The phrase walīyu 'llāh (ولي الله), means 'friend of God'.<ref name="wali" /><ref>Ed, , “Wālī”, in: [https://referenceworks.brillonline.com/entries/encyclopaedia-of-islam-2/wali-SIM_7842 Encyclopaedia of Islam], Second Edition, Edited by: P. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel, W.P. Heinrichs. Consulted online on 16 November 2020</ref>
 {{Quote|{{Quran|3|28}}|Let not believers take disbelievers as allies [awliyaa] rather than believers. And whoever [of you] does that has nothing with Allah, except when taking precaution against them in prudence. And Allah warns you of Himself, and to Allah is the [final] destination.}}
@@ Line 55: / Line 66: @@
 {{Quote|{{Quran-range|31|14|15}}|And We have enjoined upon man [care] for his parents. His mother carried him, [increasing her] in weakness upon weakness, and his weaning is in two years. Be grateful to Me and to your parents; to Me is the [final] destination. But if they endeavor to make you associate with Me that of which you have no knowledge, do not obey them but accompany them in [this] world with appropriate kindness and follow the way of those who turn back to Me [in repentance]. Then to Me will be your return, and I will inform you about what you used to do.}}
-===Interfaith marriage===
+===Hadiths===
-The Quran forbids believers from marrying those who associate partners with Allah (mushrikun). After the conquest of Mecca believing men were permitted to marry believing women and women from the People of the Book (Jews and Christians). There is no similar verse explicitly permitting the same for believing women, and they had been explicitly forbidden to marry disbelieving men (Kuffar) in a verse about the treaty of Hudaybiyyah. These verses led scholars to conclude that Muslim women may only marry Muslim men. The relevant verses are {{Quran|2|221}}, {{Quran|60|10}}, and {{Quran|5|5}}. Another justification given by scholars was that a non-Muslim husband may compell his believing wife to compromise her faith or their children's faith. The prominent reformist scholar, Dr. Abou El Fadl, professor of law at the University of California, Los Angeles, notes, “I am not aware of a single dissenting opinion on this, which is rather unusual for Islamic jurisprudence because Muslim jurists often disagreed on many issues, but this is not one of them". Today, there are some discenting opinions among Islamic modernists, arguing that there is some ambiguity in the relevant verses and using arguments such as that women have greater legal protections in the modern world, though this is very much a minority view. Such marriages are considered void under Islamic law. Moreover, if in a married non-Muslim couple the wife but not the husband converts to Islam, the marriage in annulled. It is also annulled if the husband becomes Muslim but the wife is neither Christian nor Jew. If a Muslim husband abandons his faith, his marriage to his Muslim wife is similarly annulled, and perhaps vice versa.<ref>Alex B. Leeman [https://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf Interfaith Marriage in Islam: An Examination of the Legal
-Theory Behind the Traditional and Reformist Positions] Islamic Law Journal, Vol. 85, pp. 756-759</ref>
-{{Quote|{{Quran|2|221}}|Wed not idolatresses till they believe; for lo! a believing bondwoman is better than an idolatress though she please you; '''and give not your daughters in marriage to idolaters till they believe''', for lo! a believing slave is better than an idolater though he please you. These invite unto the Fire, and Allah inviteth unto the Garden, and unto forgiveness by His grace, and expoundeth His revelations to mankind that haply they may remember.}}
-{{Quote|{{Quran|60|10}}|O ye who believe! '''When believing women come unto you as fugitives, examine them. Allah is Best Aware of their faith. Then, if ye know them for true believers, send them not back unto the disbelievers. They are not lawful for them (the disbelievers), nor are they (the disbelievers) lawful for them'''. And give them (the disbelievers) that which they have spent (upon them). And it is no sin for you to marry such women when ye have given them their dues. And hold not to the ties of disbelieving women; and ask for (the return of) that which ye have spent; and let them (the disbelievers) ask for that which they have spent. That is the judgment of Allah. He judgeth between you. Allah is Knower, Wise.}}
-{{Quote|{{Quran|5|5}}|This day are (all) good things made lawful for you. The food of those who have received the Scripture is lawful for you, and your food is lawful for them. '''And so are the virtuous women of the believers and the virtuous women of those who received the Scripture before you (lawful for you) when ye give them their marriage portions''' and live with them in honour, not in fornication, nor taking them as secret concubines. Whoso denieth the faith, his work is vain and he will be among the losers in the Hereafter.}}
-==Hadiths==
 ===Only pious believers where Muhammad's friends===