of legal chastity (iḥṣān) through it; in that case the marriage is sound.” End of citation.

Among the rulings that apply to the marriages of non-Muslims is that we allow even those unions we deem defective to stand, subject to two conditions:

1. They themselves believe the marriage to be valid in their own religion. A union they do not regard as lawful is not recognized, for it is not part of their faith.

2. They do not bring the matter before us. If they do submit it for judgment, we do not ratify it, in obedience to Allah’s words, “and judge between them according to what Allah has revealed” (Q 5:49).

Thus, when they hold their marriage to be lawful under their doctrine and they do not litigate before us, we leave them undisturbed. The proof is that the Prophet, peace and blessings be upon him, accepted the jizya from the Magians of Hajar and did not object to their marriages, even though he knew they permitted incestuous relations. Likewise, many people embraced Islam in the Prophet’s time; he confirmed their existing marriages and did not inquire into their details.

If they come to us before contracting a marriage, we conduct the contract in accordance with our religion—offer and acceptance, a guardian, and two upright Muslim witnesses—for Allah the Exalted says, “If you judge, then judge between them with justice” (Q 5:42).

But if they approach us after they have already concluded the contract among themselves, we do not probe how it was executed.

Similarly, when both spouses embrace Islam while already married, we do not examine the manner in which the contract was made or whether its previous conditions were satisfied; rather, we consider its status at the moment they seek judgment from us or at the time