(Part No. 18; Page No. 276)
All Praise is due to Allah Alone and peace and blessings be upon the last Prophet. To commence: After the Permanent Committee for Scholarly Research and Ifta' studied the letter sent to his Eminence, the Grand Mufty from his Eminence, the Manager of the Center of Da`wah and Guidance in
No. 310 / 9 / c on 23 / 3 / 1416 A.H., which is referred to the Committee from the Secretariat General of the Council of Senior Scholars no. 1596 on 3 / 4 / 1416 A.H., which states: The question reads as follows:We have received a letter from a Bosnian Muslim woman who mentioned that she was married to a Christian man before the breaking out of war in their country. Later, they separated and she had three children from him.Her question is: What is the ruling on those children; to whom should they be ascribed and on what religion should they be brought up?She asked that the Fatwa be issued in written form to be applicable to the similar cases of Bosnian women who married Christian men, had children from them and separated after the breaking out of war. May Allah bless your efforts and protect you!As-salamu `alaykum warahmatullah wabarakatuh (May Allah's Peace, Mercy, and Blessings be with you!).
After the Committee perused the question, the answer comes as follows:
It is not lawful for a Muslim woman to marry a non-Muslim, for Allah (Exalted be He) says,
They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them.
(Part No. 18; Page No. 277) As for the mentioned children, they will be ascribed to their fathers, bearing in mind the marriage contract that the parties deemed effective at the time of conclusion (though it is not in reality). As for the children's religion, they should follow the best religion of their parents'. The children, whom one of their parents is Muslim, should be considered Muslims, so the mentioned children will be ascribed to their Muslim mother [in terms of religion]. The same will be the ruling concerning other Muslim women. All people should fear Allah, adhere to His commands and be careful not
to marry Muslim women to non-Muslims. Allah (Exalted be He) says,
And give not (your daughters) in marriage to Al-Mushrikûn till they believe (in Allâh Alone) and verily, a believing slave is better than a (free) Mushrik (idolater), even though he pleases you.
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.