Are prohibited marriages among non-Muslims recognized if they do not appeal to Muslim judiciary?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
Prohibited marriages among non-Muslims are recognized provided two conditions are met: first, they must not appeal to the Muslim judiciary for judgment, and second, they must believe in the permissibility of such unions in their own religion. This is substantiated by the Quranic injunction allowing non-Muslims to be left to their own judgments: Quran 5:42. Furthermore, the Prophet Muhammad, peace be upon him, accepted the Jizyah from the Zoroastrians of Hajar without objecting to their judgments or marriages, despite knowing they permitted marriage with close female relatives.
Supporting text
A differing view from Ahmad is reported regarding a Zoroastrian marrying a Christian woman, where he stated the Imam should separate them due to potential harm concerning the lineage of a Christian child. Following this line of reasoning, separation from marrying close relatives within Zoroastrianism is implied. Umar, may Allah be pleased with him, commanded separation between all prohibited unions among Zoroastrians. Ahmad also ruled that if a Zoroastrian master possesses a Christian female slave, he must be separated from her and compelled to sell her because Christians possess a divine religion. Conversely, if a Christian owns a Zoroastrian female slave, sexual intercourse is permitted, although Abu Bakr Abdul Aziz held that intercourse is impermissible due to the aforementioned harm.