Is a marriage which is illegal in the host country still Islamically valid?

Sources

• ✓ 4:24 · An-Nisaa

  4:24 · Muhammad Marmaduke Pickthall

  ۞ وَٱلْمُحْصَنَٰتُ مِنَ ٱلنِّسَآءِ إِلَّا مَا مَلَكَتْ أَيْمَٰنُكُمْ ۖ كِتَٰبَ ٱللَّهِ عَلَيْكُمْ ۚ وَأُحِلَّ لَكُم مَّا وَرَآءَ ذَٰلِكُمْ أَن تَبْتَغُوا۟ بِأَمْوَٰلِكُم مُّحْصِنِينَ غَيْرَ مُسَٰفِحِينَ ۚ فَمَا ٱسْتَمْتَعْتُم بِهِۦ مِنْهُنَّ فَـَٔاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةًۭ ۚ وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَٰضَيْتُم بِهِۦ مِنۢ بَعْدِ ٱلْفَرِيضَةِ ۚ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا

  And all married women (are forbidden unto you) save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not debauchery. And those of whom ye seek content (by marrying them), give unto them their portions as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.

• ✓ Tafsir Ibn Kathir on 4:24

  Sunni

  Tafsir Ibn Kathir · 4:24

  This noble verse establishes the prohibition of those forbidden by kinship, encompassing lineage, nursing relations, and affinity through marriage. Ibn Abi Hatim narrates from Ibn Abbas that seven kinship ties through blood and seven through marital relations are forbidden, mentioning the verse's explicit listing of mothers, daughters, and sisters as examples of prohibited relations. Also reported via Abu Sa'id ibn Yahya from Ibn Abbas is that forbidden kinship includes not only mothers, daughters, sisters but also paternal and maternal aunts and daughters of one's paternal and maternal siblings, all considered lineage-based prohibitions. The majority of jurists argue that those born from a fornicator’s act are also forbidden by virtue of the generality of the term "your daughters," since a daughter falls under general categorization; this is the position held by Abu Hanifa, Malik, and Ahmad ibn Hanbal. Some reports attribute to Al-Shafi'i a differing opinion allowing such relations on the grounds that these girls are not legitimate daughters in Shariah law, paralleling their exclusion from inheritance and thus this verse does not apply to them. God knows best. Regarding the phrase "and your mothers who breastfed you and your sisters through nursing," this means that just as your biological mother who gave birth to you is forbidden, so too is the woman who breastfed you forbidden for marriage. This is established by authentic hadith narrated by Bukhari and Muslim on the authority of Malik ibn Anas, who related from ‘Abdullah ibn Abi Bakr that Aisha, the Mother of the Believers, reported the Prophet Muhammad (peace be upon him) said: "Nursing creates the same prohibition as birth does," and in a narration in Muslim, "What is forbidden by descent is forbidden by nursing." Some jurists have stated that the prohibition of nursing applies as with lineage, but except in four or six specific cases (these detailed exceptions are recorded in jurisprudence books). However, upon precise examination, no exception is warranted because similar cases exist in blood relations and some prohibitions arise from affinity by marriage—thus the hadith is comprehensive, and praise belongs to Allah. The scholars differ on the number of nursing sessions that create this prohibition; some maintain that mere nursing is sufficient based on this verse's general wording, notably Malik and some companions like Ibn Umar, Sa'id ibn al-Musayyib, ‘Urwah ibn al-Zubayr, and az-Zuhri. Others hold that at least three nursing sessions are required, cited in an authentic report from Muslim via Hisham ibn ‘Urwah from his father from Aisha, where the Prophet said: "A single suckle and two sucklings do not create the prohibition." Qatada narrated from Umm al-Fadl that the Prophet said that one or two nursing sessions do not create prohibition, also reported in other terms. This view was held by Imam Ahmad ibn Hanbal, Ishaq ibn Rahwaih, Abu ‘Ubaid, and Abu Thawr, and narrated from ‘Ali, Aisha, Umm al-Fadl, Ibn al-Zubayr, Sulaiman ibn Yasar, and Sa’id ibn Jubayr, may Allah have mercy on them. Others say that five sessions are required, based on an authentic hadith narrated by Malik from Abd Allah ibn Abi Bakr from Amrah from Aisha, stating that originally ten nursing sessions were prescribed to create the legal prohibition, later abrogated to five sessions, which is the currently read ruling in the Qur’an. Similar reports come from Abd ar-Razzaq via Ma’mar from az-Zuhri from ‘Urwah from Aisha. Sahla bint Suhail's narration mentions that the Prophet instructed her to breastfeed Abu Hudhayfa’s slave five times and that Aisha would command anyone wishing to marry her to be nursed five times. This aligns with Al-Shafi'i and his followers. Nursing must occur at a young age, generally under two years, as established by the majority, referenced also in Surah Al-Baqarah (2:233). Scholars dispute whether the milk of a stallion (purely male animal) creates prohibition; the majority agree it only applies to human mothers, not extending the prohibition through the father’s side, unlike some early scholars. This discussion is detailed in jurisprudential works on rules (Al-Ahkam al-Kabir). Regarding "and the mothers of your wives and your stepdaughters who are under your guardianship from your wives you have consummated marriage with," the mother of one's wife is prohibited simply by marriage contract irrespective of consummation, but the stepdaughter, the wife’s daughter, is not prohibited unless the marriage to the wife has been consummated. If the husband divorces the wife before consummating, he may marry her daughter; this clarifies the verse’s phrase restricting the prohibition to stepdaughters whose mothers have been consummated by him. Some have interpreted the pronoun in the verse to refer back to the mothers and stepdaughters, meaning no prohibition arises if one marries only the mother or daughter without consummation of the other. Ibn Jarir narrates from notable early authorities on this and confirms it is disliked (makruh) for a man to marry his wife’s mother if he divorced her before consummation. Many reports from early scholars (e.g. Ibn Abbas, Ali ibn Abi Talib, Qatada) confirm that the prohibition against marrying the mother of the wife applies regardless of consummation, while the stepdaughter is forbidden only if the marriage to the mother was consummated. This is the consensus of the four main imams and most fuqaha historically and presently. The phrase "your stepdaughters under your guardianship" refers mostly to those in the husband's household; if outside, some report that the prohibition does not apply. Imam Malik records a narration that ‘Umar was asked if it is permitted to marry a slave woman and her daughter who are both his property, answering with disapproval, implying prohibition. On the prohibition of marriage to daughters of sons from your loins, the verse forbids the wives of one's sons born of one’s own loins, not those considered adopted as in pre-Islamic times. This is based on the generality of the terms used and Qur’anic revelations (including Surah Al-Ahzab 33:37). The terms "your mothers, your daughters," etc., are considered general and include those forbidden by contract only; this is agreed upon. Questions about nursing that create prohibition are answered by the hadith stating that statutes of prohibition via nursing are like those by descent. Regarding the prohibition of marrying two sisters simultaneously (combining them in marriage), the verse forbids it in both legitimate marriage and owning slaves. Past actions before Islam are considered forgiven. This shows no allowance for polyandry with sisters in the future. All the early scholars and successors unanimously agree on the prohibition of marrying two sisters at once. The hadith of the Prophet ordering a man to divorce one of two sisters he married in ignorance supports this. The verse's statement that it is forbidden "except for what has passed" indicates no exception in future cases. The consensus is well-known and authoritative. On the forbiddance of chaste women who are married to others (i.e., not slaves), the verse declares unlawful to marry them except those whom your right hands possess (female slaves captured in war). A clear incident involved companions reluctant to have intercourse with captive women married to others, after which this verse was revealed permitting relations with slaves owned after they have been purified. The hadiths explaining this ruling are reported from authentic chains, confirming the verse’s legislative purpose. Some early authorities took the sale of slaves who had spouses as equivalent to divorce, based on the general wording of this verse. This view is contradicted by the majority, who argue that the buyer represents the seller and that the marriage remains intact until dissolved by divorce or other means. The story of Aisha buying and freeing her slave without dissolving her marriage is famous to support this position. The term "married women" in the verse refers specifically to women legally married with all conditions fulfilled (witnesses, dowries, guardianship, etc.). The phrase "and ordained by Allah for you" means that this prohibition is decreed by Allah’s Law, so adhere strictly to its bounds and do not transgress. The verse says, "and permitted to you are all beyond these," meaning all other women not named as forbidden are lawful to marry, as some scholars opine. Others have more restrictive interpretations, but the dominant and strong position is that everything outside these categories is lawful. The clause "those married who you seek with your property, chastely, not fornicating" means that you may contract for up to four wives or concubines by legitimate means, and the clause stresses the legal nature of such unions. "So whatever enjoyment you gain from them, give them their wages as an obligation" commands the giving of the rightful dowry commensurate with the enjoyment, as a prescribed duty, analogous to other Qur’anic commands on mahr and support to women. This verse has also been used to argue about temporary marriage (mut’ah), which was permitted at early Islam but later abrogated. Different scholars have recorded stages of permission and prohibition, with the majority regarding temporary marriage as forbidden, based on authentic hadith narrated from Ali ibn Abi Talib and others. Finally, "and no blame upon you for what you mutually agree after the obligation" indicates that if after completion of the first agreed dowry a mutual understanding arises about additional payments, this is permissible. Scholars explained this applies to matters like extra mahr offered by the woman that is freely given. The verse concludes with praising Allah as All-Knowing, All-Wise, consistent with legislation establishing such profound relational prohibitions. Thus, this versification contains comprehensive rules on forbidden marriages due to kinship ties, nursing, affinity, and the limits on permissible unions, embedding both legal rulings and ethical guidelines based on both Qur’an and Sunnah, with meticulous scholarly explanation of all their intricacies and differing opinions.