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f:511 -    Marrying non-Muslim blood sisters at the same time
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Name : submittername
Question:     My father-in-law married 2 non-Muslim blood sisters simultaneously.  He also went to Haj with them and performed Haj Badal for the elder wife. Is it correct?
Answer:     It is expressly forbidden for a Muslim man to maintain relations with a non-Muslim lady, even through marriage.  As Allah Ta'ala says in the Holy Quran:

And do not marry idolatrous women until they become Muslims. Indeed a Muslim slave-girl is better than a (free) idolatress, however pleasing she may seem to you. Nor give (the Muslim women) in marriage to idolaters till they embrace Islam. And certainly a Muslim slave is better than an idolater, even though he should please you. These (idolaters and disbelievers) call you to Hell while Allah invites, by His Decree, to Paradise and Forgiveness and explains His Verses clearly to people so that they may take direction and guidance.   Surah Baqarah (2:221)

When the marriage itself is not done, then all the relations between them come under the adultery.  Let alone actually committing acts of indecency, Allah Ta'ala has prohibited us from even approaching them.

And do not draw near to shameful deeds (whether) open or hidden.  Surah An'aam (6:151)

And do not even go near unlawful sex (adultery). Verily it is an act of lewdness and is the most evil way.  Surah Isra (17:32)

It is strictly forbidden for a Muslim man to have physical relations with a non-Muslim woman, be it in any way.

There cannot be any marriage between a Muslim man and a non-Muslim woman.  Also, having 2 blood sisters as wives at the same time is forbidden.

The marriage which you father-in-law has performed with 2 non-Muslim women is invalid.  He should have married after either of them embraced Islam.  If they are truly blood sisters and he marries them after embracing Islam, even then having both of them as his wives at the same time is strictly forbidden and invites the wrath of Allah Ta'ala.

If he marries them after embracing Islam, then the marriage with first is correct and with the second is not.  He has married them when they were still non-Muslims, so this marriage itself is invalid.  He should be separated from both the ladies immediately.  He should sincerely repent over this adultery that he has committed.  Whatever children they have will be considered as children out of wedlock.  If they want to remain together, then they have to re-marry in the presence of 2 sane adult witnesses with a new Mehr (alimony).  It is not permissible to have 2 blood sisters in marriage at the same time.

You have mentioned in the question that he has performed Haj along the second wife.  If there was no Mahram relative (i.e. a relative with whom marriage is forbidden) along the lady, then as this marriage was not valid in the first place, this journey was one of sin., but the Haj itself is done.

You have written that he himself performed the Haj Badal i.e. Haj on behalf of someone else for the 1st lady.  For Haj Badali, it is necessary that the person on whose behalf Haj is being done should be unable to perform Haj.  There are other conditions also.  If all of them are fulfilled, then Haj Badal on behalf of that lady is correct, otherwise not.

And Allah (Subhanahu Wa Ta'ala) knows best.

Mufti Syed Ziauddin Naqshbandi Qadri,

[Associate Professor of Islamic Law, Jamia Nizamia,
Founder/Director, Abul Hasanaat Islamic Research Center]

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