Muslim woman’s marriage to a disbeliever | Shaykh ibn Baaz

A man married a Muslim woman then it became apparent that the man was a kaafir (disbeliever). What is the ruling on that?

A: If it is proven that the man mentioned was a kaafir at the time of the marriage contract and the woman was Muslim, then the marriage contract is invalid because it is not permissible, according to the consensus of the Muslims, for a kaafir to marry a Muslim woman, because Allah, may He be glorified, says:

وَلَا تُنْكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُوا

And give not (your daughters) in marriage to Al-Mushrikun till they believe (in Allah Alone)

[Surah al-Baqarah 2:221]

and He says, Exalted be He,

فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ

Then if you ascertain that they are true believers, send them not back to the disbelievers, they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them

[Surah al-Mumtahanah 60:10]

Fataawa Islamiyyah, 3/230


Ruling on the advocates of principles of socialism and communism | Shaykh ibn Baaz

What is the ruling on those who call for application of socialist and communist principles and fight the rulings of Islam? What is the ruling on a person who helps such people in their demands, criticizes those who call for the application of Islamic law, speaks ill of them and slanders them? Is it permissible to allow those people to be Imams and Khateebs in Masjids?

A: All praise be to Allaah, and peace and blessings be upon the Messenger of Allah, his family, his Companions, and those who follow his guidance. There can be no doubt that Muslim rulers must judge according to Shari`ah in all affairs. Moreover, they have to fight any other laws that oppose Shari`ah (Islamic law). This is indisputable and unanimously agreed upon by all Muslim scholars. There are many pieces of evidence on this from the Glorious Qur’an and the Prophetic Sunnah that are known by scholars, including the Aayah:

فَلا وَرَبِّكَ لاَ يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لاَ يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا

But no, by your Lord, they can have no Faith, until they make you (O Muhammad ﷺ) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.

[ Surah Al-Nisa’, 4: 65]

Allah (Exalted be He) also says:

يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الأَمْرِ مِنْكُمْ فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلا

O you who believe! Obey Allâh and obey the Messenger (Muhammad ﷺ), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (ﷺ), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination.

[Surah Al-Nisa’, 4: 59]

Allah (Glorified be He) also says:

وَمَا اخْتَلَفْتُمْ فِيهِ مِنْ شَيْءٍ فَحُكْمُهُ إِلَى اللَّهِ

And in whatsoever you differ, the decision thereof is with Allâh (He is the ruling Judge).

[Surah Al-Shura, 42: 10]

He (Glorified be He) also says:

أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَ

Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allâh for a people who have firm Faith.

[Surah Al-Ma’idah, 5: 50]

He (Exalted be He) also says:

وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْـزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ

And whosoever does not judge by what Allâh has revealed, such are the Kâfirûn (i.e. disbelievers of a lesser degree as they do not act on Allâh’s Laws).

[Surah Al-Ma’idah, 5: 44]

وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْـزَلَ اللَّهُ فَأُولَئِكَ هُمُ الظَّالِمُونَ

And whosoever does not judge by that which Allâh has revealed, such are the Zâlimûn (polytheists and wrong-doers – of a lesser degree).

[Surah Al-Ma’idah, 5: 45]

 وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْـزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْفَاسِقُونَ

And whosoever does not judge by what Allâh has revealed (then) such (people) are the Fâsiqûn [the rebellious i.e. disobedient (of a lesser degree) to Allâh].

[Surah Al-Ma’idah, 5: 47]

There are many Ayahs to this effect.

Muslim scholars unanimously agreed that whoever claims that there is a judgment better than that of Allah or there is a guidance better than that of the Prophet (peace be upon him) is a Kaafir (disbeliever). Similarly, they unanimously agreed that whoever claims that it is permissible for a Muslim to act upon laws other than the Shari`ah revealed to Muhammad (peace be upon him) is a misleading Kaafir.

Through the Qur’anic evidence and consensus of Muslim scholars that we have mentioned, the questioner and other Muslims can realize the fact that whoever calls for socialism, communism, or any other destructive ideology that opposes the laws of Islam is a misleading Kaafir. Their Kufr is even worse than that of the Jews and the Christians, because they are deemed as atheists who have no faith in Allah or the Day of Resurrection. It is not permissible to allow such people to work as preachers and Imaams in Masjids or for Muslims to offer prayers led by them. Moreover, whoever helps such misleading people by praising their stance, or slanders and speaks ill of those calling for applying Shari`ah is a misleading Kaafir and falls under the same ruling as the disbelieving sect they follow and support. Muslim scholars unanimously agreed that whoever supports Kuffaar against Muslims in any way is regarded as a Kaafir just like them. This is because Allah (Glorified be He) says:

 يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تَتَّخِذُوا الْيَهُودَ وَالنَّصَارَى أَوْلِيَاءَ بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ وَمَنْ يَتَوَلَّهُمْ مِنْكُمْ فَإِنَّهُ مِنْهُمْ إِنَّ اللَّهَ لاَ يَهْدِي الْقَوْمَ الظَّالِمِينَ  

O you who believe! Take not the Jews and the Christians as Auliyâ’ (friends, protectors, helpers), they are but Auliyâ’ of each other. And if any amongst you takes them (as Auliyâ’), then surely he is one of them. Verily, Allâh guides not those people who are the Zâlimûn (polytheists and wrong-doers and unjust).

[Surah Al-Ma’idah, 5: 51]

Allah (Glorified be He) also says:

يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تَتَّخِذُوا آبَاءَكُمْ وَإِخْوَانَكُمْ أَوْلِيَاءَ إِنِ اسْتَحَبُّوا الْكُفْرَ عَلَى الإِيمَانِ وَمَنْ يَتَوَلَّهُمْ مِنْكُمْ فَأُولَئِكَ هُمُ الظَّالِمُونَ

O you who believe! Take not as Auliyâ’ (supporters and helpers) your fathers and your brothers if they prefer disbelief to Belief. And whoever of you does so, then he is one of the Zâlimûn (wrong-doers).

[Surah At-Tawbah, 9: 23]

I hope what we have mentioned above is sufficient to those seeking the truth. Allah says the truth and guides to the right path. We ask Allah (Glorified be He) to settle the Muslim affairs and unite them. May Allah destroy and disunite the enemies of Islam, and protect Muslims from their evil. Indeed, Allah is Able to do all things.

May Allah’s Peace and Blessings be upon His servant and Messenger Muhammad, his family and Companions.


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