Interfaith marriage and marriage for converts

1A Muslim man and a woman of the People of the Book

Allah says: "…and (lawful to you in marriage are) chaste women from among the believers, and chaste women from among those who were given the Book before you…" (Surah al-Ma'idah 5:5).

• People of the Book (Ahl al-Kitab) are Jews and Christians. Polytheist women (idol worshippers and other religions) are not included (Surah al-Baqarah 2:221).
• The condition of muhsanat — women who guard their chastity.
• The Shafi'i school sets a strict lineage condition: for a woman not descended from the Children of Israel, her ancestors must have embraced that religion before it was abrogated or altered. This condition is almost impossible to prove today.
• The majority (Hanafi, Maliki, Hanbali) do not require lineage; it is enough that the woman genuinely follows Judaism or Christianity.
• Many scholars, including in the Hanafi and Maliki schools, state that it is disliked (makruh), especially in non-Muslim countries, because of concern for the children's religion. 'Umar r.a. reportedly asked some Companions to divorce their wives from the People of the Book out of this concern (athar narrated by Ibn Jarir at-Tabari and others).

2The position in Malaysia

• Act 303 s.10 prohibits a Muslim man from marrying a non-Muslim except a kitabiyah, and prohibits a Muslim woman from marrying a non-Muslim. The definition of kitabiyah in s.2 follows the Shafi'i lineage condition.
• Because of that lineage condition, in practice marriage registrars in Malaysia do not register the marriage of a Muslim man to a Christian or Jewish woman unless she first embraces Islam (administrative practice; to be verified by state).
• A civil marriage under the Law Reform (Marriage and Divorce) Act 1976 (Act 164) does not apply to Muslims (s.3(3)); such a marriage is not recognised as a valid nikah for Muslims in Malaysia.
• Malaysians who marry a kitabiyah abroad should consult the state religious affairs office about registration — see recognition.

3A Muslim woman and a non-Muslim man: forbidden

Scholars agree that a Muslim woman may not marry a non-Muslim man, including one of the People of the Book:

• "…they (believing women) are not lawful for the disbelievers, nor are the disbelievers lawful for them…" (Surah al-Mumtahanah 60:10).
• "…and do not marry (Muslim women) to polytheist men until they believe…" (Surah al-Baqarah 2:221).
• Such a contract is void, and in Malaysia it cannot be registered (Act 303 s.10).
• If the man embraces Islam sincerely, the marriage may proceed as normal. Converting merely to marry without conviction is a matter between him and Allah, but religious authorities usually require basic classes and verification of the conversion.

4A spouse embracing Islam after marriage: the fiqh ruling

When a non-Muslim married couple, one or both of them, embrace Islam:

5Conversion after marriage: Malaysian law

Non-Muslim marriages in Malaysia are registered under Act 164. When one spouse embraces Islam, two legal systems are involved:

• Act 164 s.51 — the conversion of one spouse to Islam is a ground for petitioning for dissolution of the civil marriage in the civil High Court. Originally only the spouse who did not convert could petition, after three months; the 2018 amendment allows the converting spouse to petition as well (details of the amendment to be verified).
• Until the civil marriage is dissolved by the civil court, obligations under that marriage (maintenance of wife and children, matrimonial property) can still be claimed in the civil court.
• The Syariah Court may also confirm the dissolution of the marriage under Shariah law in accordance with state enactments (to be verified by state).
• The child's religion: the Federal Court in Indira Gandhi a/p Mutho lwn Pengarah Jabatan Agama Islam Perak (2018) held that converting a minor to Islam requires the consent of both parents (interpreting Article 12(4) of the Federal Constitution).

6The wali for a convert woman

• A non-Muslim father cannot be the wali of his Muslim daughter, since there is no guardianship between a non-Muslim and a Muslim in marriage (the agreed view of the four schools).
• If there is no Muslim wali in the order of walis by lineage (for example a Muslim grandfather, brother or uncle), the marriage is conducted by a wali hakim appointed by the state religious authority.
• If there is an eligible Muslim brother, he takes precedence according to the order of walis.
• See the wali page for the order of walis and the wali hakim.

7Mahr and procedure

• Mahr for a convert follows the same ruling as for other Muslim women: obligatory, with no maximum, and a minimum set administratively by the state religious council.
• A conversion must be registered with the state Islamic religious council or department; a conversion card or certificate is usually required for the marriage application.
• The pre-marriage course is compulsory as for other couples; some states also provide guidance classes for converts.
• If the spouse is not a citizen, see the additional requirements on the procedure page.

8Relations with non-Muslim family

Embracing Islam does not cut family ties. The Qur'an commands children to be kind to their parents even if they are not Muslim: "…and accompany them in this world with kindness…" (Surah Luqman 31:15). Allah does not forbid kindness and fairness towards non-Muslims who do not fight (Surah al-Mumtahanah 60:8).

• Asma' bint Abi Bakr r.a. asked whether she could keep ties with her mother, who was still a polytheist; the Prophet ﷺ replied: "Yes, keep ties with your mother." (Sahih al-Bukhari 2620; narrated by Muslim).
• Non-Muslim parents are encouraged to attend the wedding and are to be honoured.
• Inheritance: a Muslim and a non-Muslim do not inherit from one another (Sahih al-Bukhari 6764; Sahih Muslim, Kitab al-Fara'idh). However, lifetime gifts (hibah) and wills (up to one third) are permitted.
• Father's name on documents: registration practice varies; refer to the National Registration Department and the state religious affairs office (to be verified).

9Children's rights in a convert family

• Lineage: children of a marriage before Islam still take the lineage of their parents.
• The child's religion: according to the Shafi'i school and the majority, a child who has not reached puberty follows the religion of whichever parent is Muslim. In Malaysia, converting a child is subject to the ruling in Indira Gandhi (the consent of both parents).
• Maintenance: a father must support his children even if they differ in religion.
• Custody (hadhanah): the court treats the child's welfare as the paramount consideration; cases involving both civil and Syariah courts require legal advice.

Sources & references