Chapter: Marriage among Disbelievers

Its rulings are like those governing the marriages of Muslims. They are left in their invalid marriages if they regard them as valid according to their own law and do not bring their case before us. But if they come to us before concluding the contract, we conclude it for them according to our rulings, …

His statement, “Marriage among disbelievers”: here, “disbelievers” is a general term that includes the People of the Scripture, polytheists, and those who profess no religion.

His statement, “Its rulings are like those governing the marriages of Muslims”: that is, the rulings governing the marriages of disbelievers are like those governing Muslim marriages in all their effects and consequences. Thus, some are valid and others invalid; divorce and zihar take effect through them; maintenance becomes obligatory; and inheritance is established through them. The evidence for this is that the Prophet, peace and blessings be upon him, affirmed the marriages of disbelievers who embraced Islam and did not investigate them.

The reason is that no other course is practicable; for if we were to act otherwise, it would cause people to turn away from Islam and lead to immense disorder regarding lineage and other matters. But are they to be left in such marriages or not? The scholars differed over this issue. Some held that they are never to be left in an invalid marriage; rather, it must be annulled if the marriage is invalid and they are under the protection of the Muslims. Others held that they may be left in an invalid marriage subject to two conditions, as will follow. This is the correct view. The evidence is that the Messenger, peace and blessings be upon him, collected the jizyah from the Magians of Hajar (1) without addressing their marriages, despite knowing that