Message No : 15Sr.No : 211/724
Question By : M.Z.CHIDA

1. Is it permissible to propose to a Muslima during her Iddat period?

2. If a Muslim woman marries a non-Muslim either under the marriages act or according to the faith of her husband does she still remain a Muslim or has become an apostate?

3. Is a Muslim who has become apostate can he/she claim to be heir in the estate of his/her parents?

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Muft, ODI, MMERC, Mumbai 

(Note: It is highly regretted that the answer of your question could not find you in time, because the organization has been shifted to a new place and it took more than two months to be settled. Pray for the better future of the organization.)

In the name of Allah, All Gracious, All Merciful
Assalamo Alaikum
Dear brother in Islam,

The answers to your questions are as follow:

1. It is not permissible to propose to a Muslimah during her Iddah period. (Bahrur-Raeeq Vol: 4 Page 152) But there is no harm to propose in secret and unclear words to a Muslimah who is observing Iddah on account of the death of her husband. The Lofty QurˇŻaan says, ˇ°There is no blame on you if you make an offer of betrothal or hold it in your hearts. Allah knows that you cherish them in your hearts: but do not make a secret contract with them except in a manner that is proper, nor resolve on the tie of marriage till the fixed term of waiting is over. And know that Allah knows what is in your hearts; so be fearful of Him, and remember that Allah is forgiving and forbearingˇ±. (Suratul-Baqarah 2: 235)

2. It is strictly prohibited (Haraam) for a Muslimah to marry a non-Muslim though she will not be apostate until and unless she rejects any fundamental article of faith. But it is difficult to remain a Muslimah and act upon the teachings of Islam. Besides, her children, naturally will follow the religion of their father. Therefore, a Muslimah who unfortunately gets marriage to a non-Muslim should separate and break the ties with him without any delay. The Glorious QurˇŻaan says, ˇ°Do not marry unbelieving women unless they believe: A maid servant who is a believer is better than an unbelieving woman, even though she allures you. And do not marry your daughters to unbelievers until they believe: A servant who is a believer is better than an unbeliever, even though he allures you. They invite you to Hell, but Allah calls you to paradise and pardon by His grace. And he makes His signs manifest that men may haply take heedˇ±. (Suratul-Baqarah 2: 221)

3. No, he/she will not be heir in the estate of his/her parents. This is because, difference of religion is one of the four factors which deprives a person from inheriting. There are no ties of inheritance between Muslims and non-Muslims. (Sirajee Feel-Miraas 7-8)

And Allah knows the best,

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