Assalamu alaykum,
Is it permissible to perform a marriage contract ['aqd, i.e. to marry] a non-Muslim woman? And in the case where such is permissible, what are the conditions which must be fulfilled?
1 Answer
Waalykum assalam,
Disbelieving women [kafirah] are divided into two categories, those from Ahl al-Kitab [the People of the Book i.e. Jews, Christians] and those not from Ahl al-Kitab.
Firstly - Marriage to a disbelieving woman from Ahl al-Kitab:
According to Grand Ayatollah Sayyid al-Sistani (may the Almighty prolong his life):
There are two different scenarios to consider:
(1) The case where the man is not already married to a Muslim woman:
In this case, it is permissible to perform temporary marriage, however permanent marriage is forbidden according to obligatory precaution [al-ahwat wujuban]. If the woman in this case is a virgin, then the permission of her father or paternal grandfather is required if she is not independent in her life affairs [mustaqilah fi shu'oon hayatiha] and in charge of her life [malikah li amriha]. According to obligatory precaution [al-ahwat wujuban], the permission of one of the two aforementioned is required even if she is independent in her affairs.
(2) The case where the man is already married to a Muslim woman:
In this case it is not permissible to marry a woman from Ahl al-Kitab [permanently] or even temporarily while simultaneously being married to a Muslim woman without the permission of the Muslim wife. As for temporary marriage to a woman from Ahl al-Kitab with the permission of the Muslim wife then such is problematic as well [fihi ishkaal] and the obligatory precaution [al-ahwat luzuman] is to leave such a matter [i.e. to not perform such a marriage]
According to Grand Ayatollah Sayyid al-Khamenei (may the Almighty prolong his life):
It is permissible to marry her temporarily, as for permanent marriage then the obligatory precaution [al-ahwat wujuban] is to leave such a matter [i.e. to not perform such a marriage]. Permission of the father or paternal grandfather is required if the woman from Ahl al-Kitab is a virgin, and the marriage is not considered valid according to obligatory precaution without the permission of one of the two aforementioned.
Secondly - Marriage to a disbelieving woman not from Ahl al-Kitab:
According to Grand Ayatollahs Sayyid al-Sistani and Sayyid al-Khamenei (may the Almighty prolong their lives):
It is not permissible for a Muslim to marry a disbelieving woman that is not from Ahl al-Kitab regardless of the marriage being permanent or temporary.
May the Almighty grant you tawfeeq in all of your affairs.