Marriage in Islam

Is the Qurânic prohibition of marriage to unbelievers applicable to all non-Muslims? More specifically are
Muslim women only allowed to marry Muslim men? Perhaps not.

Firstly - the Qur'ân describes different types of people, there are for example:
Believers
* Believers before the time of the Prophet Muhammad Surah al-I-Imran 3:52, 67
(saw):
* Muslims: Surah al-Hajj 22:78
* Faithful People of the Book: Surah al-Ma'idah 5:6;
Surah al-Muddaththir 74:31
* Those who believe in Allah (swt), the Last Day & do good Surah al-Baqarah 2:62;
deeds: Surah al-Ma'idah 5:72;
Unbelievers
* Unfaithful People of the Book: Surah al-Bayyinah 98:1, 6;
Surah al-Hashr 59:2
* Hypocrites (those who called themselves Muslims but Surah al-Munafiqun 63:1;
secretly disbelieve): Surah al-Ahzab 33:1
* Unbelievers: Surah al-Fat'h 48:6;
Surah at-Tahrim 66:9;
Surah al-Qasas 3:28

If we understand Islam as more than one specific religious dispensation, instead the entire body of Allah's
(swt) revelation to the cosmos, then we can say that there are those who are generically muslim who may
not necessarily follow the specific sharî'ah as we know it from Prophet Muhammad (saw). The Qur'ân
says that *any* (not just "Muslims") who believe in Allah (swt), believe in the concept of being held
accountable for one's actions, and do good works "shall have their reward with their Lord; on them shall
be no fear, nor shall they grieve" (Sûrah al-Baqarah 2:62; Sûrah al-Ma'idah 5:72).

The Qur'ân points to this idea of a 'meta-religion' in that it describes all of Allah's (swt) revelatory
messages to humanity have been part of the one deen. Abraham (saw) was neither a "Jew" nor a
"Christian" but one who submitted himself to Allah (swt).

In regard to marriage, the Qur'ân (Sûrah al-Baqarâh 2:221) says that Muslim men and women may not
marry those of the second category - the unbelievers (al-mushrikaat & al-mushrikiin).
However the Qur'an does say that chaste women from the People of the Book are lawful.

Now there is a general principle that unless something is specifically negatively qualified for women (or
simply doesn't make sense), laws are understood to be applicable for women as well as for men mutatis
mutandis. In this case there is no negative qualifier for Muslim women against marrying men from the
People of the Book.

Put another way the Qur'an does not say that Muslim women may *not* marry men from the People of the
Book. (The verse about not marrying unbelieving men does not apply because that verse applies
specifically to the category of al-mushrikiin.)
But even having said that, as long as person fits into the first broad category of 'believer' then he or she is
halal for a Muslim or Muslimah. It is the unbelievers who are forbidden to both men and women.

So what is the definition of an "unbeliever"? The Qur'an paints a picture of a person in *active* rebellion
against Allah (swt).

* They worship false gods: Surah al-Anbiyya 21:98

* Plot and plan against the Muslims: Surah al-Anfal 8:30
* Spend their wealth hindering people from the path of Surah al-Anfal 8:36
Allah (swt):
* Protect one another against the Muslims: Surah al-Anfal 8:73
* Fight against the Muslims: Surah an-Nisa 4:101-2
* Dispute about the signs of Allah (swt): Surah al-Mu'min 40:4
* Detest the call of Allah (swt): Surah al-Mu'min 40:14
* Ridicule the Prophet (saw): Surah al-Anbiyya 21:36
* Regard the Qur'an as lies and sorcery: Surah al-Ahqaf 46:7;
Surah Saba 34:43
* Scoff at the idea of the Hour: Surah Saba 34:3, 7;
Surah at-Taghabun 64:7
* Reject all of Allah's (swt) scripture: Surah Saba 34:31
* Dispute with vain arguments in order to weaken truth: Surah al-Kahf 18:56
* Revel in self-glory and separatism: Surah Suad 38:2
* Discount the divine nature of revelation: Surah al-An'am 6:25
* Persecute the Prophets (saw): Surah Ibrahim 14:13
* Persist in rejecting truth: Surah al-Buruj 85:19
* Deny spiritual existence - the Hereafter: Surah Qaf 50:2, 12;
Surah an-Naml 27:67

However even if a Muslim woman is married to a mushrik, then she is not required to divorce him as
evidenced by the situation regarding the Prophet's (saw) daughter Zaynab who was married to an
unbeliever who fought against the Muslims at the Battle of Badr. Whilst the Prophet (saw) asked that
Zaynab return to Medina, the marriage was not dissolved and when the husband did finally accept Islam
they resumed cohabitation.

The Qur'an narrates the principle that it is not fitting to be married to a person who is in active rebellion
and hatred towards the Beloved Creator - whether they are wife or husband, male or female is beside the
point.

Secondly, the overarching principle of the Qur'an is the equality of women and men. Recognising
however that in some cultures full equality is unachievable (as in 7th century Arabia) the Qur'an then
provides a certain number of laws that provide a pattern in situations where women cannot achieve full
equality (and thus are dependent on their husbands). This is similar to the concept that the spirit of the
Qur'an preaches abolition of slavery but recognises and provides for those cultures which cannot achieve
abolition straight away.

If a Muslim woman is in a situation where she can achieve equality then she can stipulate this in her
marriage contract. As such she no longer is required to be dependent on her husband and can claim full
equal rights.
And Allah (swt) knows best.

Source:
http://www.maryams.net/articles_marr01.shtml