Question
Is a nikah between a ithna ashari (jafri shia)
women and a sunni man valid/ recognised and if any
children born from that marriage are they halaal
children. If so, please provide referances as i have
heard that they (ithna ashari) are ahle kitab and
therefore such marriages are valid however how are
they ahle kitab when they believe that the quran has
40 chapters as opposed to 30.
Answer
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
There are many sects of Shiism and each sect has a
different set of beliefs, therefore not all Shias can
be classified as non-believers. If the Shia does not
believe in completeness of the Quran, chastity of
Aisha (Radhiyallahu Anha), Imaan of the Sahaba
(Radhiyallahu Anhum), etc., then he is out of the fold
of Islam and is a disbeliever. The Ithna Ashariya
sect holds these views, as a result they will not be
considered to be Muslims. Nikah between such Shias
and a Muslim is not valid, regardless if the Shia is a
male or female. It is incorrect to believe that
Shias are from the Ahle Kitab. Ahle Kitab are those
who believed in a former book that was reviled to a
prophet before Nabi (Õáì Çááå Úáíå æÓáã) namely the
Christians and the Jews.
Therefore the nikah is not valid and the children born
from such marriage their lineage will not be connected
with their fathers.
Fatawa Uthmani (1:108)
Ahsan al-Fatawa (1:75)
Khair al-Fatawa (1:389)
And Allah knows best
Wassalam
Ml. Ehzaz Ajmeri,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah
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