What is the ruling on a Dhimmi marrying an idolater or Magian woman?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 3

Open in Qurani

Primary text

If a Dhimmi marries an idolater or Magian woman and they present the case to the Muslim judge, there are two views. The first view is that the marriage is permitted to stand because the woman's religion is not superior to his, mirroring the allowance for a Muslim to marry a woman of the Book (Ahl al-Kitab). The second view is that the marriage is not permitted to stand because she is of a class of women whom a Muslim is forbidden to marry, similar to an apostate woman.