Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

what is the position of a Dawoodi vohra male who goes through civil marriage with a hindu girl is he governed by fatemi law in regard to mrriage divorce and property rights and if the girl converts to islam (Dawoodi  Vohra) and a divorce takes place what will her status be in respect to religion and her family

Regards

Muslim man marries Hindu woman, Is he governed by fatemi law?

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your comment: What is the position of a Dawoodi vohra male who goes through civil marriage with a hindu girl?

It is not legal in Shariah for a muslim man to marry with a ‘mushrik’ woman. Thus the Islamic position on this civil marriage between a muslim man and a ‘mushrik’ woman will be null and void.

Allah says in the Holy Quran Chapter 2 Surah Baqarah verse 221:Do not marry ‘mushrik’ woman, unless they believe.

Your comment: Is he governed by fatemi law in regards to marriage divorce and property rights?

Since the marrying of a muslim man to a ‘mushrik’ woman is not recognized as a legal marriage in Islam, there is no question to a divorce and property inheritance rights to a marriage which is illegal in the first place.

Your comment: If the girl converts to islam (Dawoodi  Vohra) and a divorce takes place what will her status be in respect to religion and her family

If the woman accepts and converts to Islam, and a divorce were to take place, she will remain a muslim and will be accorded all the rights due to a muslim woman. She can marry another muslim man, she can inherit from the property of her husband (if dead), etc. Exactly all the rights that are accorded to a muslim woman will be accorded to her.

But if the woman only converted to Islam for the sake of marrying a muslim man, and did not believe in Islam with her heart and soul; chances are that she might go back to following her old religion, and that is her individual choice.

Ref: her status in regards to her family.

Whether the girl’s family believe in Islam or not, the stand and status of the converted woman remains the same. Every believer is commanded to honor the ties of relationship, whether their family believe in Allah or not. Thus she, as a believer, should, at all times, be dutiful and respectful to her parents and her elders; give all the rights that are due to them; love, honor and cherish her brothers, sisters, nieces, nephews, and all her other blood-relationships. She as a muslim, should always be good and righteous with them, and fear Allah in whatever she does. In the worldly affairs, she will obey and be dutiful to her parents; but if they ever ask her to associate or worship any other being with Allah, she should not do so.

Thus the believers status in regards to their family does not change at all, whether their families believe in Allah or not.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam 

Burhan