What is the legal status regarding marriage and slaughtering for infidels who adhere to scriptures other than the Torah and Gospel?

Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters

Al-Mughni

Book of Marriage

Book 35 · Issue 4 · Bab 2

Open in Qurani

Primary text

Those pagans who adhere to the Scrolls of Abraham, Seth, or the Psalms of David are not considered People of the Book. Their women are not lawful to marry, nor are their slaughtered animals permissible for consumption. This is the position of Al-Shafi'i. The basis for this is the statement of Allah: "Lest you say, 'The Book was sent down only to two communities before us'" (Quran 6:156). Furthermore, those earlier scriptures contained admonitions and parables, lacking the comprehensive legal rulings found in the Torah and Gospel, thus forfeiting the ruling applied to the latter two books.

Supporting text

A differing legal opinion exists, as recorded by Al-Qadi, asserting that they are considered People of the Book. Under this view, their slaughtered animals are lawful, their women permissible for marriage, and they are subject to paying the Jizyah, as they clung to a divine book, resembling Jews and Christians.