Aslam

Praise be to Allah.

Firstly:

We praise Allah, may He be exalted, and thank Him for guiding

this girl to enter Islam, and we ask Him to make her steadfast in adhering

to truth and guidance, and to increase her in guidance and steadfastness.

Secondly:

Marriage of a Muslim woman to a kaafir man is undoubtedly

haraam and it is an invalid contract, but it is not kufr if a Muslim woman

does that and marries a kaafir man, even though it is haraam for her. Allah

says (interpretation of the meaning): “then if you ascertain that they

[Muslim women] are true believers send them not back to the disbelievers”

[al-Mumtahanah 60:10].

Ibn Katheer (may Allah have mercy upon him) said:

This verse is the one that made it haraam for Muslim women to

marry mushrik men. It was permissible at the beginning of Islam for a

mushrik to marry a believing woman. Hence Abu’l-‘Aas ibn al-Rabee‘ married

the daughter of the Prophet (blessings and peace of Allah be upon him)

Zaynab (may Allah be pleased with her), when she was a Muslim and he was a

follower of his people’s religion.

Tafseer Ibn Katheer, 8/93

In al-Mawsoo‘ah al-Fiqhiyyah (7/133) it says:

It is not permissible for a Muslim woman to marry a

non-Muslim man, even if he is a dhimmi or a kitaabi (one of the people of

the Book, i.e. a Jew or a Christian). This is according to the consensus of

the fuqaha’, because Allah says (interpretation of the meaning): “And

give not (your daughters) in marriage to Al‑Mushrikoon till they believe (in

Allaah Alone)” [al-Baqarah 2:221] and “send them not back to the

disbelievers. They are not lawful (wives) for the disbelievers nor are the

disbelievers lawful (husbands) for them” [al-Mumtahanah 60:10].

End quote.

Thirdly:

If the family of this girl insist on marrying her to that

kaafir, we think that she should state openly that she is a Muslim and seek

help with one of the trustworthy Islamic centres or a trustworthy Muslim

family, until she finds a Muslim husband to marry her, then she can live

with him. The timing of showing her Islam openly and leaving her family,

whichever comes first, depends on her evaluation of her own circumstances.

If she is afraid that if her family find out about her being Muslim they

will detain her or prevent her from running away for the sake of her

religion, or they will force her to go back to kufr or to marry a kaafir,

then in this case we advise her to leave them first and go to another place

where she will be safe, either under the protection of the government in her

country if they offer protection in such cases, or under the care of one of

the Islamic centres in her country.

Muslims are excused for staying among the kuffaar and not

practising their religion openly if they are weak and oppressed among them

and cannot leave and flee from them. But the one who finds a way out no

longer has this excuse, so it is not permissible for him to stay among the

kuffaar, not in their house or in their country. If he can find a safe

refuge in the same country, he should move there from his house, but if the

country itself is not safe, he should move from his house to another country

where his life will be safe and he will be able to practice his religion

openly.

With regard to mere fear about the family's reputation, this

is not a valid excuse unless her religious commitment and her life are in

danger because of it.

Who knows? Perhaps showing her religion openly will bring a

great deal of good to her and her family, and some of her family members may

become Muslim. This is what has happened with other sisters who showed their

Islam openly. And Allah says (interpretation of the meaning):

“it may be that you dislike a thing and Allaah brings through

it a great deal of good” [al-Nisa’ 4:19].

Whatever the case, we know that the situation is difficult

for this girl, but her religion requires her to do whatever she can in order

to adhere to it and practice it openly, and not fall into haraam.

We ask Allah to relieve her distress and take away the

calamity and to guide her family to Islam. And we ask Him, may He be

exalted, to bless her with a righteous husband and good offspring.

See also the answers to questions no.

129423 and

69752.

Fourthly:

We should point out a number of things:

1.

If a Muslim man marries her, it is essential for her to have

a wali (guardian) who will do the marriage contract for her, because there

is no wilaayah (guardianship) for a kaafir - even if he is a kitaabi (Jew or

Christian) - over a Muslim woman. If there is a Muslim man among her family,

then he is her wali. If there is no Muslim man among her family, then the

Muslim qaadi (judge) or mufti or official in charge of Muslim affairs, or

the director of the Islamic centre to which she goes or gets married in, may

act as her wali.

For more information on that please see the answers to

questions no.69752,

389 and

7989.

2.

We should point out to you that it is not permissible for you

to have a relationship with this girl, as she is a stranger (non-mahram) to

you. If you want to help her - which is obligatory for you if you are able

to - then help her to find some Muslim sisters who can take care of her, or

a trustworthy Muslim family with whom she could live, or offer her your help

and advice through your wife, if you are married, or through your sister or

mother.

Do not remain in a relationship with her, because you are a

stranger (non-mahram) to her, and Islam forbids such relationships.

We have drawn attention to this matter in a number of

answers. See the answers to questions no.

78375,

34841,

23349,

20949,

26890 and

82702.

And Allah knows best.