If a boy or a girl marries a Christian or a Jew, while before the marriage there is a condition that after the marriage each of them will remain on his or her own religion, can the nikah take place? What is the ruling of this form of marriage with women of the People of the Book, and is it permissible to stipulate such a condition?

1. A Muslim man's marriage with a woman of the Book: permissible — ﴿وَالْمُحْصَنَاتُ مِنَ الَّذِينَ أُوتُوا الْكِتَابَ مِنْ قَبْلِكُمْ﴾ (and [lawful are] the chaste women from among those who were given the Book before you) (Surah al-Ma'idah: 5), provided the woman is chaste and adherent to her religion.

2. A Muslim woman's marriage with a man of the Book: haram and void — ﴿وَلَا تُنْكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا﴾ (and do not marry [your women] to polytheist men until they believe) (Surah al-Baqarah: 221). The wisdom: the headship of the home rests with the man, and the upbringing of the children generally follows the father's religion — a danger to the Muslim woman's religion and the children's faith.

3. The ruling on the condition: In the marriage of a man with a woman of the Book, the condition that the woman remain on her religion does not invalidate the nikah (this right is already hers; she cannot be compelled into Islam). However, if the condition becomes an obstacle to calling (her) to Islam or to the Islamic upbringing of the children, that condition is void. In the marriage of a Muslim woman with a man of the Book — the nikah itself is haram; no condition can make it halal.

Summary: A man may marry a chaste Jewish/Christian woman, and the condition of remaining on the religion (so long as it does not become an obstacle to da'wah and upbringing) does not invalidate the nikah; a Muslim woman's marriage with a man of the Book is not permissible with any condition whatsoever.

Translated from the original Urdu fatwa.