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Mixed Marriages

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Chapter Summary

Those principles which govern a valid marriage contract in accordance with the Shari'ah and modern Islamic legislation, also apply to mixed marriages. Under the Shari'ah and all modern Islamic laws, both for the Sunni and the Shi'ah sects, a marriage of a Muslim woman to a non-Muslim man is totally null and void - it is not recognized as a marriage at all, despite whatever valid solemnization may have taken place regarding it within a non-Muslim country. The non-Muslim wife of a Muslim man has the same rights as a Muslim wife in that she retains sole control of her property. With regard to inheritance, a non-Muslim widow has no rights to the estate of her Muslim husband, since it is a legal condition that an heir is of the same religion as the deceased.

Keywords: Islamic law; Islamic legislation; mixed marriages

10.1163/ej.9789004172739.i-227.31
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