What is the ruling on marrying a woman whose father is not a Person of the Book?

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

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 2

Open in Qurani

Primary text

If one parent of a woman from the People of the Book is not a Person of the Book—whether they are a polytheist, a Magian, or an apostate—her marriage to a Muslim is unlawful. This is the position of Al-Shafi'i when the father is not a Person of the Book because lineage is traced through the father, and the child gains honor and tribal affiliation from him. The child is considered not purely of the People of the Book, and thus unlawful for a Muslim man to marry, similar to the offspring of lawful and unlawful unions, such as mules.

Supporting text

If the mother is not a Person of the Book, there are two differing opinions regarding the ruling. Furthermore, a view suggests that marriage is permissible in all cases because she falls under the general permissibility of the relevant Quranic verse and she adheres to a religion from the People of the Book, resembling one whose parents were both People of the Book. The ruling for one whose parents are both non-People of the Book follows the same logic: if she is forbidden due to one non-People of the Book parent, she is more certainly forbidden if both are. Another consideration is her personal status rather than that of her parents.