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:

Please advice if a Musslim brother marries a Hindu girl without conversion and not performing Nikkah and marriage under civil registration only what would be the possition of the Muslim brother

a. can he pray namaz under immamat

b. does his normal relationship with his parents continue as a muslim

c. can he perform the burial of parents

d. is he entiteled to inhertance under sharia law

e. will children born under this marriage be considered muslims

Best regards

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Rights of brother who marries Hindu

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.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 221 (part): Do not marry unbelieving (mushrik) women until they believe.

It is absolutely impermissible and forbidden for a believer to marry a ‘mushrik’ woman unless she believes. Even if the believer ‘marries’ her, this marriage will be null and void in the sight of Shariah and Allah Subhanah; the relationship between the man and the woman will be akin to ‘zina’, and the children born of this marriage will be deemed illegal and will be recognized as children from a ‘zina’ relationship. They will not take the name of their father but will be recognized by their mother’s name and they will not be permitted to inherit from their father.

A believer who marries a ‘mushrik’ woman will be deemed to be in open transgression of the Laws and Boundaries of Allah Subhanah and will have a severe accounting for his deeds on the Day of Judgment.

But unless and until the believing man verbally declares that he has become an apostate and left the deen of Islam, in the sight of Shariah he will be recognized as a muslim and all the rights that are due to a muslim will be accorded to him in full. His marriage to a ‘mushrik’ woman will indeed be regarded as a grave sin in the sight of Shariah, but his position as a legal muslim will not be effected in the least.

Regardless of the severity of the sin committed by the muslim, unless and until the person himself declares that he wishes to leave the deen of Islam, he will remain a muslim in the sight of Shariah, and all the rights that are due to a muslim will be accorded to him in full.

Sunan of Abu-Dawood Hadith 2526 Narrated by Anas ibn Malik

The Prophet (saws) said: ‘Three things are the roots of faith:

to refrain from (killing) a person who utters, "There is no god but Allah", and

not to declare him unbeliever whatever sin he commits, and

not to excommunicate him from Islam for his any action.

Q-a: can he pray namaz under immamat

The man will have the exact same rights that are due to any muslim, and he can pray his salaat in congregation with the believers.

Q-b: does his normal relationship with his parents continue as a muslim

Yes.

Q-c: can he perform the burial of parents

Yes.

Q-d: is he entiteled to inhertance under sharia law

He is entitled to his full share of inheritance from his muslim parents estate; but upon his own death his ‘mushrik’ wife and the children from that relationship will not inherit him.

Q-e: will children born under this marriage be considered muslims

The children resulting from his ‘marriage’ or relationship with a ‘mushrik’ woman will not be considered legal in the sight of Shariah. They will not take his name, but will be recognized by their mother’s name. When the children reach the age of understanding and they declare their intention to become muslims, and proclaim the ‘shahaadah’ or testimony of faith, they will indeed be considered as muslims.

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 in Islam,

Burhan