Do the legal rulings pertaining to a valid marriage apply to the marriages of non-believers (Kuffar)?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 3

Open in Qurani

Primary text

The rulings of a valid marriage apply to the marriages contracted by non-believers, including the occurrence of divorce (Talaq), Dhihar (pronouncement of similitude), Iyla' (oath of abstinence), the obligation of Mahr (dower), division of time (Qasm), the permissibility for the first husband upon subsequent marriage, and marital legitimacy (Ihsaan). The majority, including 'Ata', Al-Sha'bi, An-Nakha'i, Az-Zuhri, Hammad, Ath-Thawri, Al-Awza'i, Ash-Shafi'i, and the Companions of Abu Hanifa (Ashab ar-Ra'y), maintain this view. The evidence for the validity of their marriages stems from the Quran, where Allah attributes wives to them, such as in the verse concerning the wife of Abu Lahab ({Wamra'atuhu hamalat al-hatab} [Al-Masad: 4]) and the Pharaoh's wife ({Imra'atu Fir'awn} [Al-Qasas: 9]), where such attribution implies a sound marital relationship. Furthermore, the Prophet (peace be upon him) stated that one is born of a lawful marriage, not fornication (safah). Therefore, if their marriages are established as valid, their associated rulings also apply, just as they do for Muslim marriages.

Supporting text

Al-Hasan, Qatadah, Rabi'ah, and Malik did not hold that the legal consequences of divorce apply to the marriages of non-believers.