Is the marriage valid if a Muslim resident in Dar al-Islam marries a free non-Muslim woman (Harbiyyah) from the People of the Book?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 3

Open in Qurani

Primary text

The marriage is valid. The supporting evidence is the generality of the verse concerning permissible marriage: {And lawful to you are believing and chaste women among those who were given the Scripture before you} (Quran 5:5). Moreover, if such a woman is permitted to marry a Muslim when she is in Dar al-Islam, her marriage is permitted even when she is in Dar al-Harb, analogous to a Muslim woman.

Supporting text

The opposing view states that such a marriage is not valid.