religion and not as mushrikīn, and matrimonial relations with them are allowed. The case of all those people who have originally been given a revealed religion, though at present they may be guilty of shirk, would be treated in like manner, and Parsīs and Hindu women may be taken in marriage, as also may those who follow the religion of Confucius or of Buddha or of Tao. Fiqh, however, recognizes only the legality of marriage with women belonging to the Jewish and Christian faith, and this is due to the narrow conception of the word Ahl al-Kitāb adopted by the jurists. It is strange, however, that while the Majūs or Parsīs are not accepted as Ahl al-Kitāb, the Sabians are expressly spoken of in the Hidāyah as being Ahl al-Kitāb. “And it is lawful to marry Sabian women (Ṣābiyāt) if they profess a religion and accept a revealed book, for they are among Ahl al-Kitāb.’’ If the Sabians are Ahl al-Kitāb simply for the reason that they profess a religion and accept a revealed book, there is no reason why the Magians, the Hindūs and others who profess a religion and accept a revealed book, should not be treated as such.
It may be noted here that, while there is an express mention of a Muslim man marrying a non-Muslim woman who professes a revealed religion, there is no mention of the legality or illegality of a marriage between a Muslim woman and a non-Muslim man.21 The mere fact however that the Holy Qur’ān speaks of the one and not of the other is sufficient to show that marriage between a Muslim woman and a non-Muslim man is not allowed.
A marriage which is otherwise legal may be illegal because it does not fulfil a requirement of the law. For instance, the divorced woman and the widow have both to observe a waiting period (‘iddah), and marriage during this period is illegal. A woman who has been divorced thrice is not allowed to remarry her first husband. As the pregnant woman is required to observe ‘iddah till delivery (65:4), marriage during pregnancy is not allowed. But if a woman is pregnant by fornication, her marriage with either the fornicator or somebody else is allowed by Imām Abū Ḥanīfah and Imam Muḥammad, only in the latter case sexual intercourse is forbidden till delivery (H.I. p. 292). According to other Imāms, including Imām Abū Yūsuf, this is illegal. The Shī‘ah law follows Imām Abū Ḥanīfah.
21 The Jewish law does not allow marriage with non-Jews in any case: “Neither shalt thou make marriages with them: thy daughter thou shalt not give unto his son, nor his daughter shalt thou take unto thy son” (Deut. 7:3). Paul follows the Jewish law: “Be ye not unequally yoked together with unbelievers: for what fellowship hath righteousness with unrighteousness? and what communion hath light with darkness? (II, Cor. 6:14). The Hindu law is even stricter, and allows marriage of a member of one caste of Hindūs only within that caste.