Lower on the Progressive Agenda than getting rid of the Kalima Shahada and the hijab is a move to encourage, or make halal (permissible) the marriage of Muslim women to non-Muslim (Christian or Jewish, usually) men, rendered so by a gross distortion of the Qur'anic text on the matter, and changing the status of Ahli Kitab from mushrikeen and kafireen to mu'mineen. The impermissible nature of such a marriage is something there has always been unanimous consensus on within the Ummah. It is indicative of our confused times that there are now Muslimeen who are led to believe it is permissible. Here, Living Tradition addresses the issue from a Classical, Traditional viewpoint, with references provided.
Doctor `Abd al-Karim Zaydan discusses the issue of female Muslims marrying non-Muslims in his Al-Mufassal fi Ahkam al-Mar'ati wa Bayt al-Muslim fi al-Shari`at al-Islamiyyah
. The discussion is at the beginning of volume 7, pages 6 through 11 (paragraphs 6179 through 6192). Instead of giving a complete translation of the section, in sha Allah I will give summary of each paragraph, including the sources cited.
6179. Do not marry [your daughters] to idolators [mushirkin] until they believe in Islam
``Do not marry [your daughters] to idolaters until they believer in Islam. A believering slave is better than a [free] idolater, though the latter please you. These call you to the Fire, but Allah calls you, by His will, to the Garden and to forgiveness. He makes plain His revelations to mankind, that perhaps they will think'' (Qur'an, 2:221)
6180. The verse indicates the impermissibility of a female Muslim marrying a non-Muslim
The verse indicates the impermissibility of a female Muslim marrying a non-Muslim. The Umma has reached consensus that it is not permissible for a non-Muslim to have sex with a female Muslim under any circumstances. The exegetes and legists are in consensus concerning this matter.
[Sources cited: Tafsir al-Qurtubi
, 3.72. Tafsir Ibn Kathir
, 1.258. Tafsir al-Razi
, 6.64. Tafsir al-Manar
, 2.350-51. Imam al-Shafi`, Al-Umm
, 5.7. Ibn Qudama, Al-Mughni
6181. The impermissibility is fixed, whatever the non-Islamic religion may be
The impermissibility of marrying a female Muslim to a non-Muslim is an impermissibility that is fixed [thabit] and incontrovertible [qat`i], whatever the non-Islamic religion may be (i.e., whether the husband is from Ahl al-Kitab, an idol worshiper, a Majus, or not affiliated with a particular religion).
[Source: Tafsir al-Razi
6182. What the legists have said concerning the impermissibility of marrying a female Muslim to a non-Muslim
1. Imam al-Shafi`i
[Source: Imam al-Shafi`i, Al-Umm
[Sources: Al-Kasani, Bada`i al-Sana`i
, 2.271. Al-Fatawa al Hindiya
[Sources: Ibn Qudama, Al-Mughni
, 6.634. Al-Buhuti, Kashshaf al-Qina`
, 3.48 Al-Buhuti, Sharh Muntaha al-Iradat
[Source: Ibn Hazam, Al-Muhalla
[Source: Ibn Juzay, Qawanin al-Ahkam al-Shar`iya
6183. How verse 2:221 indicates the impermissibility of marrying a
female Muslim to a member of Ahl al-Kitab
The verse specifically mentions `idolators' [mushrikin] but not `kitabi'. How can this verse be used to indicated the impermissibility of marrying a female Muslim to a member of Ahl al-Kitab?
The verse encompasses marrying a female Muslim to a member of Ahl al-Kitab, so it is impermissible because of the following evidence:
The non-believers [kufar] of Ahl al-Kitab fall under what is meant by `mushrikin'. This is what mos scholars have said. It is the preferred opinion, as Imam al-Razi has said, mentioning much evidence for it.
The [same] scholars who said that the phrase `idolators' [mushrikin] does not include non-believers [kufar] when it is used plainly do not disagree that the phrase `idolators' [mushrikin] in this verse includes Ahl al-Kitab.
[Source: Tafsir Al-Razi
The Hanbalis say that it is not permissible for a female Muslim to marry a disbeliever [kafir] under any circumstance. Their evidence for this includes verse 2:221 and ``If you find them believers, do not return them to the disbelievers [kufar]; they are not lawful to the disbelievers, nor are the disbelievers lawful to them'' (Qur'an, 60:10). The phrase `disbelievers' [kufar] includes the People of the Book [Ahl al-Kitab] because they are disbelievers and because the Qur'an applied the name `those who disbelieve' [alladhina kafaru] to them: ``Those who disbelieve among the People of the Book and the polytheists [mushrikin] will not desist until a clear proof comes to them'' (Qur'an, 98:1). Hence, the People of the Book [Ahl al-Kitab] are disbelievers [kufar]---this is incontrovertible based upon this clear verse. And a female Muslim is not permissible for a non-Muslim and a non-Muslim is not permisible for a female Muslim because of 60:10. So, it is the result from this is that it is not permissible for a female Muslim to marry a non-Muslim, according to the decisive text [nass] of the Qur'an.
Allah says: ``He it is Who created you, so that some of you are disbelievers and some of your believers'' (Qur'an, 64:2). This verse divides humans into two categories: disbeliever [kafir] and believer [mu'min]. Everyone who adheres to something other than Islam and does not believe in the prophet of Islam (Muhammad) (Allah bless him and give him peace) enters into the category `disbeliever' [kafir]. Jews and Christians do not adhere to Islam and do not believe in the prophet of Islam (Muhammad) (Allah bless him and give him peace), therefore it is incontrovertible that they are disbelievers [kufar]. A female Muslim is not permissible for a disbeliever [kafir]---this is incontrovertible and certain [yaqinan]---so a female Muslim is not permissible to a member of the People of the Book---this, too, is incontrovertible and certain.
The ratio legis [`illa] for the impermissibility of a female Muslim marrying an idolator [mushrik] is because idolators call to the Fire,
just as has come in the Qur'an: ``These call you to the Fire, but Allah calls you, by His will, to the Garden and to forgiveness. He makes plain His revelations to mankind, that perhaps they will think,'' (Qur'an, 2:221). This ratio legis is present in People of the Book, so the ruling applies to them.
[Sources: Al-Kasani, Al-Bada`i
The Legislation has severed disbelievers [kufar] having guardianship [wilaya] over Muslims. Allah Most High says: ``Allah will not give the
disbelievers [kafirin] any way [sabil] [of success] against the believers'' (Qur'an, 4:141). If it was permissible for a member of the People of the Book to marry a female Muslim, it would give them a way [sabil] against the believers, which is unlawful and non-permissible.
[Source: Al-Kasani, Al-Bada`i
The wisdom of the impermissibility of a female Muslim marrying a non-Muslim
One of the wisdoms [hikm, hikma] of the impermissibility of a female Muslim marrying a non-Muslim is fear that will fall into disbelief because of her husband's influence.
[Source: Al-Kasani, Al-Bada`i
. A female Muslim marrying an apostate is invalid and unlawful
[Sources: Ibn Qudama, Al-Mughni
, 8:130. Al-Sarakhsi, Al-Mabsut
, 5.48. Al-Hidaya wa Fath al-Qadir
, 2.505. Sharh al-Azhar
A female Muslim marrying a Communist is invalid and unlawful
[Source: Dr Nu`man `Abd al-Razzaq al-Samara'i, Ahkam al-Murtad fi al-Shari`at al-Islamiyyah
, p 269.]