Firstly: The general principle is that it is not permissible for a Muslim to marry a non-Muslim woman, nor for a Muslim woman to marry a non-Muslim man, whether they are Kitābī or not. The evidence for this prohibition is the saying of Allāh, the Most High: “And do not marry polytheistic women until they believe … And do not marry your women to polytheistic men until they believe.” [Al-Baqarah 2:221], so the contract of such marriage is invalid due to the disbelief of one of the contracting parties. This is the evidence for the prohibition in all cases, which is general.

Also, Allāh, the Most High, says: “And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them.” [Al-Mumtaḥinah 60:10]. This evidence is also general.

Similarly, the implication in the saying of Allāh, the Most High: “And [lawful in marriage are] chaste women from among the believers…” [Al-Mā᾽idah 5:5], where the phrase “from among the believers” implies exclusion, otherwise there would be no meaning for adding such description.

Secondly: It is known in the science of ᾽Uṣūl al-Fiqh (principles of jurisprudence) that the general ruling may be modified. The general prohibition of marrying a non-Muslim woman is modified by the text that exempted kitābī women, as stated in the saying of Allāh, the Most High: “And [lawful in marriage are] chaste women from among those who were given the Scripture before you…” [Al-Mā᾽idah 5:5]. This text came as an exception to the prohibition mentioned earlier, thereby indicating that the ruling remains in effect for others. So, the ruling is that a woman is prohibited from marrying any polytheistic man, and a man is prohibited from marrying any polytheistic woman, except for women from the People of the Book [i.e., kitābī women] due to their inclusion in the exception of the text.

Fatwa issued by Dr. Khālid Naṣr