Zād al-MustaqniʿAl-Hajjawi

Chapter: The Marriage of Non-Muslims

The legal ruling for their marriages is the same as for Muslim marriages. We leave them upon even those forms that are invalid in our law, provided they themselves believe the contract to be sound according to their own religion and do not present the matter to an Islamic court. If they come to us before the marriage is concluded, we contract it according to our rules; if they come after it has been concluded, or if the couple later embraces Islam, the woman remains lawful to her husband so long as both acknowledge the existing bond. Should she belong to a category that could never be lawfully married in the first place, they are separated.

If an enemy non-Muslim man has had intercourse with an enemy non-Muslim woman and both then embrace Islam, their union is ratified if they had considered that relationship a marriage; otherwise, it is annulled. Whenever the stipulated dower is valid, she may take it. If the dower is invalid but she has already received it, it remains hers; and if she has received nothing and no dower had been specified, she is entitled to the customary dower of a woman of her standing.

باب نكاح الكفار حكمه كنكاح المسلمين ويقرون على فاسده إذا اعتقدوا صحته في شرعهم ولم يرتفعوا إلينا فإن أتونا قبل عقده عقدناه على حكمنا وإن أتونا بعده أو أسلم الزوجان والمرأة تباح إذا أقرا وإن كانت ممن لا يجوز ابتداء نكاحها فرق بينهما. وإن وطئ حربى حربية فأسلما وقد اعتقداه نكاحا أقرا وإلا فسخ ومتى كان المهر صحيحا أخذته وإن كان فاسدا وقبضته استقر وإن لم تقبضه "ولم يسم" فرض لها مهر المثل.

Company

  • About
  • Pricing
  • Why Translate?

Support

  • Contact us
  • Report a bug
  • Support us
  • Donate
  • AI combat arena

Follow us

© 2026 Kutub. All rights reserved.
Terms and conditionsPrivacy policyCookies