Praise be to Allaah.
We are amazed that people can give their
daughters in marriage to followers of innovation and misguidance and
deviance, and even to heretics and kaafirs. But our amazement is reduced
when we realise that people are ignorant of these misguided beliefs and the
fact that they are contrary to the beliefs of Ahl al-Sunnah wa’l-Jamaa’ah.
Our amazement is also reduced when we realise that there are fatwas of
ignorance and misguidance that are widespread among the people, not only
from over-lenient Shaykhs who regard it as permissible to give a Sunni woman
in marriage to a Sufi or Shi’i, but also from heretics who disguise
themselves as men of religion and knowledge who issue fatwas permitting
marriage of a Muslim woman to a kaafir!
The chronic problem here is that when people
are ignorant about their religion and are heedless about the laws of Islam,
they do not care much about the issue of marriage and do not think to ask a
suitor about his religion and check on him. Rather all their concern is
about worldly interests and living standards. They accept the one who suits
them with regard to that, and they ignore his misdeeds, and they reject the
one who does not suit them, even if he is good and righteous, and fasts and
prays at night a great deal.
With regard to your marriage to this Raafidi
(Shi’i), it is an invalid marriage and is abrogated according to sharee’ah,
so long as this man believes in the misguidance and heresy that is in
al-Kaafi (a Shi’i book).
You and your family must strive for a
separation between you and him. If this annulment does not come about
easily, then ask him for a divorce. If he refuses and there is no one who
can apply the laws of Allaah with regard to this marriage, then you may
separate from him by means of khula’, giving him whatever he wants of money,
such as giving up the deferred portion of the mahr, or returning all or part
of what he gave to you, and thus ransom yourself from him.
The scholars of the Standing Committee were
Allaah decreed that a Kurdish man who claims
to be a Sunni and is outwardly righteous should propose marriage to me. His
name is Haydar ‘Abd al-Husayn al-Jaabiri. He accompanied my father for
several months, during which he was hosted by my father. During this period
he was of good character and religiously committed, and he presented himself
to my father as being a Sunni, and he attacked the Shi’ah openly. Based on
what my father saw of his righteousness and piety, my father agreed to give
me in marriage to him. After the marriage contract was done and he
consummated the marriage with me, he announced that he was not a Sunni;
rather he was a fanatical Shi’i. When we asked him to come back to Islam and
to the way of Ahl al-Sunnah wa’l-Jamaa’ah, and we put pressure on him, he
said: I am neither Sunni nor Shi’i, I am a communist! (i.e., an atheist).
Respected mufti, my question is: What is the
shar’i ruling on my staying with this man in this situation, especially
since I hated him since he disclosed his hateful secret to us, and he
deceived us in the past by making us think that he was a Sunni Muslim. What
is the way to annul this marriage contract? How can I annul it, especially
since I live in a non-Muslim country?
It is not permissible to give the daughters
of Sunni families in marriage to the sons of Shi’is or Communists. If the
marriage takes place, it is invalid, because it is well known that the
Shi’ah offer supplication (du’aa’) to Ahl al-Bayt (the Prophet’s family) and
seek help through them, and this is major shirk; and the communists are
atheists and have no religion at all. You have to go back to your family and
not allow this man to be intimate with you, and you have to refer the matter
to the authorities in your own country.
Shaykh ‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd
al-‘Azeez Aal al-Shaykh, Shaykh ‘Abd-Allaah ibn Ghadyaan, Shaykh Saalih
al-Fawzaan, Shaykh Bakr Abu Zayd
Fataawa al-Lajnah al-Daa’imah
See also the answer to questions no.
The book al-Kaafi contains kufr and
heresy. It is the primary reference of the Shi’ah madhhab. See the answer to
question no. 111952.