The Law Library of Congress, Global Legal Research Center

(202) 707-6462 (phone) • (866) 550-0442 (fax) • law@loc.gov • http://www.law.gov

Prohibition of Interfaith 

Marriage

September 2015
This report is provided for reference purposes only. 

It does not constitute legal advice and does not represent the official 

opinion of the United States Government. The information provided 

reflects research undertaken as of the date of writing. 

It has not been updated.
The Law Library of Congress 1

Prohibition of Interfaith Marriage

Staff of the Global Legal Research Directorate

I. Introduction

This report provides information on the laws of twenty-nine countries, plus the West Bank and 

the Gaza Strip, that prohibit marriages between people of two different religions. In the majority 

of the countries identified for this report, the prohibition of interfaith marriage arises from the 

implementation of Islamic personal status laws, either in codified or uncodified form, with 

respect to marriages involving Muslims. These countries either do not have separate civil 

marriage laws or do not allow Muslim individuals to marry under such laws. 

Under Islamic law, regardless of the school of thought, Muslim women may not marry nonMuslim men, while Muslim men may only marry non-Muslim women who meet the definition 

of Kitabia (also spelled Kitabi, Kitabiyya, Kitabiyah, or ahl al-Kitab), or “people of the book,” 

which typically refers to followers of Christianity and Judaism. In some countries, including 

Burma, Israel, and Indonesia, there appear to be restrictions on interfaith marriages involving

people of religions other than Islam as well.

II. Jurisdictional Surveys

Afghanistan

In Afghanistan, the Civil Code applies to the marriages of the Sunni followers of Islamic 

jurisprudence. The Civil Code asserts that a Muslim male can marry a non-Muslim female who 

believes in one of the four books (“follower of the book”);1 however, a Muslim female’s 

marriage with a non-Muslim, even to a follower of the book, is void.2 In fact, one of the 

conditions for a marriage to be valid and enforceable is that the female should be a follower of 

the book.3 Since Afghan law permits polygamy,4 marrying a female who is a follower of the 

book while having a Muslim wife, or vice versa, is also permitted under the Civil Code.5

The Shiites’ Personal Status Code governs the marriage of Shiites in Afghanistan. This Code 

similarly allows the marriage of a Muslim male with a follower-of-the-book female while 

invalidating the marriage of a Shiite woman with a non-Muslim man.6

 

 1 Book that are accepted in Islamic law are the Holy Qur’an, Bible, Torah, and Zabur. 

2 QANUNI MADANI [CIVIL CODE], Kabul 1355 [1977] art. 92. 

3 Id. arts. 77 & 85.

4 Id. art. 86. 

5 Id. art. 93.

6 QANUNI AHWALI SHAKHSEYAYI AHLI TASHAYU’ [SHIITE PERSONAL STATUS CODE], Kabul 1387 [2009] art. 97. 
Prohibition of Interfaith Marriage

The Law Library of Congress 2

Algeria

The Law on Personal Status of 1984 does not contain provisions related to interfaith marriage. 

However, article 222 of the Law states that, for all matters not provided for in the Law, reference 

must be made to the rules of Islamic Shari’a.7

 Under Islamic Shari’a no Muslim woman can 

marry a non-Muslim man, but Muslim men can marry Kitabia women (Christians and Jews).

8

 

Bahrain 

Article 11 of Law No. 19 of 2009 forbids the marriage of a Muslim woman to a non-Muslim 

man, and the marriage of Muslim man to a woman who is not Kitabia (referring to the 

Abrahamic religions).9

 

Bangladesh

In Bangladesh, family law matters, including marriage, are predominantly regulated by the 

personal status laws of the members of the religion concerned.10 The majority Muslim 

population is governed by Muslim personal status laws that are predominantly based on the 

Hanafi school of thought. Under all Sunni schools of Islamic law, including the Hanafi school, a 

Muslim male is permitted to contract a valid marriage not only with a Muslim woman, but also 

with a Kitabi (or scripturalist), meaning a member of the Christian or Jewish religions.11 

Marriage to polytheists and idol or fire worshipers are not considered valid. Moreover, a Muslim 

woman cannot contract a valid marriage except with a Muslim. She is not permitted to contract a 

valid marriage even with a Kitabi, that is, a Christian or a Jew.12 

Interfaith marriages do not appear to be favored under Hindu law, which governs Bangladesh’s 

sizable Hindu population.13

 7 Law No. 11 of 1984, as amended, art. 222, http://www.joradp.dz/TRV/AFam.pdf (in Arabic). Article 31 of the 

1984 Law originally contained an explicit provision that did not allow the marriage of a Muslim woman to a nonMuslim man. Id. at 5 n.2. Even though this provision was abrogated in 2005 its substance continues to prevail as a 

result of article 222. 

8 JAMAL J. NASIR, THE ISLAMIC LAW OF PERSONAL STATUS 69–70 (3d ed. 2009), LC Call No. KBP524.7 .N37 2009, 

bibliographic information at http://lccn.loc.gov/2009499831.

9 Law No. 19 of 2009 on the Issuance of the Provisions of the Family Code art. 11, Al-Jaridah Al-Rasmiyah 

[Official Gazette], vol. 2898, 6 April 2009, http://www.moj.gov.bh/default7850.html?action=article&ID=1620

(in Arabic).

10 Australian Government, MRT Research Response No. BGD17626 (Nov. 11, 2005), available at 

http://www.refworld.org/pdfid/4b6fe1250.pdf.

11 Mohammad Moin Uddin, Inter-religious Marriage in Bangladesh: An Analysis of the Existing Legal Framework, 

XIII CHITTAGONG UNIV. J.L. 117, 123 (2008), http://www.culaw.ac.bd/files/jurnal-2008/Vol.%20XIII, 

%202008%20%28p.117-%20139%29.pdf.

12 Id. at 129.

13 Id. at 120. 
Prohibition of Interfaith Marriage

The Law Library of Congress 3

Interfaith couples can marry under the Special Marriage Act, 1872,

14 but only if they renounce 

their respective religions through a declaration before the marriage is solemnized.15

Brunei

In Brunei, family law matters for Muslims, including marriage, are predominantly regulated by 

codified and uncodified Islamic or Shari’a law. There do not appear to be any provisions in the 

Islamic Family Law Act16 that regulate interfaith marriages. However, according to section 47 

of the Act, 

(1) The fact that either party to a marriage becomes an apostate or converts to a faith 

other than Islam shall not by itself operate to dissolve the marriage unless confirmed by 

the Court.

(2) The fact that either party to a marriage converts to Islam shall not by itself operate to 

dissolve the marriage unless confirmed by the Court.17

Under Islamic Law, including the Shafi’i school of jurisprudence, Muslim men are permitted to 

marry only members of the Kitabiyya and Muslim women are not permitted to marry nonMuslims. The Shafi’i school, which is the predominant school of jurisprudence in Brunei, has a 

fairly restrictive definition of Kitabiyya, namely Christians and Jews who are descendants of 

Israel.18 However, it unclear how restrictively courts in Brunei are interpreting this term. 

According to a 2012 State Department report, “[m]arriage between Muslims and non-Muslims is 

not permitted” in Brunei and “non-Muslims must convert to Islam if they wish to marry a 

Muslim. Authorities enforce this law through the denial of official recognition of marriages 

between a Muslim and non-Muslim.”19 No statutory or other legal basis for this rule 

was located. 

Burma (Myanmar)

According to recent news reports, the Myanmar Parliament passed the Buddhist Women’s 

Special Marriage Law on July 7, 2015,20 and President Thein Sein signed the measure into law 

 14 Special Marriage Act, No. 3 of 1872, http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=25.

15 Id. § 10.

16 Islamic Family Law Act, cap. 217, https://www.ftcam.de/ft_files/Scheidung_BruneiDarussalam1.pdf.

17 Id. § 47.

18 Zahidul Islam, Interfaith Marriage in Islam and Present Situation, 2(1) GLOBAL J. POL. & L. RES. 36, 41 (Mar. 

2014), http://www.eajournals.org/wp-content/uploads/Interfaith-Marriage-in-Islam-and-present-situation.pdf. 

19 U.S. DEPARTMENT OF STATE, BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, 2012 REPORT ON 

INTERNATIONAL RELIGIOUS FREEDOM: BRUNEI (May 20, 2013), http://www.state.gov/j/drl/rls/irf/2012/ 

eap/208216.htm.

20 Several media outlets have reported the enactment. See, e.g., Pyae Thet Phyo, MPs Pass Marriage Law Despite 

Warnings, MYANMAR TIMES (July 8, 2015), http://www.mmtimes.com/index.php/national-news/15391-mps-passmarriage-law-despite-warnings.html. 
Prohibition of Interfaith Marriage

The Law Library of Congress 4

on August 26, 2015.21 The Buddhist Women’s Special Marriage Law applies to marriage 

between Buddhist women and non-Buddhist men.22 It appears that the Law subjects nonBuddhist men who marry Buddhist women to a number of requirements not applicable to the 

Buddhist spouse. Non-Buddhist husbands must observe the following provisions:

(a) to allow the Buddhist woman to profess her religion freely according to her faith;

(b) to allow the children born from the marriage with the Buddhist woman to profess 

their religion freely according to their faith;

(c) to allow the Buddhist woman to keep Buddha statues and images at their home;

(d) to allow the Buddhist woman to donate according to her religion, to worship, to 

[perform recitations] to ward off evil (Payeik), to tell (one’s) beads, to listen to 

religious sermons, to practice religious meditation, to visit Pagodas and 

Monasteries, to fast, to read and study literature relating to Buddhism;

(e) not to cause the Buddhist woman to relinquish the Buddhist faith by using 

various means, and to convert her to his religion;

(f) not to destroy or damage or to defile the place of worship or [sacred things] with 

an intent to insult Buddhism;

(g) not to insult, in words or in writing or through visible representation or gesture, 

with bad intention to cause bitter feeling [toward Buddhists].

23 

The non-Buddhist husband who commits one of these acts is subject to criminal penalties.24 

Violations of these provisions are also grounds for divorce. In such a case, the non-Buddhist 

husband would lose his share of jointly owned property, owe his wife compensation, and be 

denied custody of the children.

25

If a non-Buddhist man divorces a Buddhist woman because his religion does not allow the 

marriage due to religious differences, “or forsakes, or behaves cruelly and causes mental harm, 

whether or not it amounts to physical violence,” the non-Buddhist husband also loses his share of 

jointly owned property, owes his wife compensation, and is denied custody of the children.26

Any professed member of the Hindu, Sikh, or Jaina religion who is married to a Buddhist woman 

is “deemed to effect his severance from such family. Besides, in case of his death before 

partition, his vested right shall devolve on his wife and children.”27 

 21 Hnin Yadana Zaw, Myanmar’s President Signs Off on Law Seen as Targeting Muslims, YAHOO NEWS (Aug. 31, 

2015), http://news.yahoo.com/myanmars-president-signs-off-law-seen-targeting-muslims-113700783.html.

22 Myanmar Buddhist Women’s Special Marriage Law § 2, unofficial translation available at http://www.burma 

library.org/docs21/2015-Myanmar_Buddhist_Women_Special_Marriage_Bill.pdf.

23 Id. § 24.

24 Id. §§ 38–41.

25 Id. § 25.

26 Id. § 32.

27 Id. § 29.
Prohibition of Interfaith Marriage

The Law Library of Congress 5

All issues concerning the right to property ownership and inheritance for couples to whom the 

Buddhist Women’s Special Marriage Law apply are “decided according to Myanmar Customary 

Law as if they and their families were Buddhist.”28

Djibouti

The laws of Djibouti forbid Muslim women from marrying non-Muslims. Indeed, the Family 

Code of Djibouti states that “temporary impediments [to marriage] are caused by . . . the 

marriage of a Muslim woman to a non-Muslim.”29 Such marriages are considered void, and a 

couple who continues or resumes living together as husband and wife after their marriage has 

been voided may be punished with up to six months of incarceration.30 The fact that article 23 of 

the Code considers the marriage of a Muslim woman to a non-Muslim to be a “temporary” 

impediment, however, may possibly indicate that the defect could be remedied by the husband’s 

conversion to Islam. Furthermore, the prohibition only seems to apply to Muslim women and 

non-Muslim men; there does not appear to be any bar on Muslim men marrying nonMuslim women.

Egypt

There is no explicit provision in Egyptian legislation prohibiting interfaith marriage. However, 

since Islam is the main source of legislation according to article 2 of the Egyptian Constitution of 

2014,

31 family matters are subject to the rules of Islamic law. According to a religious fatwa 

(decree) issued by Dar al ifta’a al Massriyah (an official Egyptian religious authority with the 

power to issue religious decrees), it is permissible for a Muslim man to marry a non-Muslim 

woman in certain circumstances. However, according to the same fatwa, marriage between a 

non-Muslim man and a Muslim woman is prohibited under Islamic law because the non-Muslim 

man will not respect his Muslim wife’s faith.32 

Islamic law forbids Muslim men from marrying women who are atheists or do not believe in the 

Abrahamic religions. This prohibition is based on qur’anic verse 2:221 of Surat al-Baqarah, 

which says that Muslim men must not “marry polytheistic women until they believe.”33 The 

same verse prohibits Muslim women from marrying men who are atheist or do not believe in any 

 28 Id. § 30.

29 “Les empêchements provisoires [au marriage] résultent . . . du marriage d’une femme musulmane avec un non 

musulman.” Loi No. 152/AN/02/4ème portant Code de la Famille [Law No. 152/AN/02/4th Establishing a Family 

Code] art. 23, http://www.law.yale.edu/rcw/rcw/jurisdictions/afe/djibouti/Djibouti_CodedeFamille.htm (translation 

by author).

30 Id. art. 29.

31 CONSTITUTION OF THE ARAB REPUBLIC OF EGYPT 2014, art. 2, http://www.sis.gov.eg/Newvr/Dustor-en001.pdf

(unofficial English translation).

32 Why a Muslim Woman Can’t Marry a non Muslim?, DAR AL IFTA’A AL MASSRIYAH, http://eng.daralifta.org/foreign/ViewFatwa.aspx?ID=6167&text=non-muslim (last visited Aug. 19, 2015). 

33 Surat Al-Baqarah: 2:221, QUR’ĀN, http://quran.com/2/221 (translation by Sahih International) (last visited 

Aug. 19, 2015).
Prohibition of Interfaith Marriage

The Law Library of Congress 6

of the Abrahamic religions, stating, “do not marry polytheistic men [to your women] until 

they believe.”34

India

In India, marriage is regulated by the personal status laws applicable to the persons concerned. 

The Hindu Marriage Act allows members of the Hindu, Buddhist, Jain, or Sikh religions to 

intermarry.35 Under Muslim personal status laws as interpreted by the Hanafi school of 

thought,36 which is predominant in India, only Muslim men are permitted to marry kitabia, 

meaning members of the Christian or Jewish religions; Muslim women are prohibited from 

marrying non-Muslims.37 If a partner is a Christian it may be possible to marry under Christian 

rites through the Indian Christian Marriage Act, 1872.38

Interfaith couples are able to rely on the Special Marriage Act,39 which provides for a “special 

form marriage”—a civil marriage conducted by a registrar appointed by the state that is available 

to all persons in India,40 irrespective of the religion, caste, or faith to which either party belongs. 

However, this marriage is subject to certain procedural hurdles that reportedly are difficult to 

meet for persons who wish to keep their marriage a secret or who wish to elope.41

Parties who intend to marry must give written notice to a marriage officer from the district in 

which at least one of the parties has resided “for a period of not less than thirty days immediately 

preceding the date on which such notice is given.”42 The marriage officer publishes the notice 

“by affixing a copy thereof to some conspicuous place in his office.”43 From the date a notice is 

published, a period of thirty days is allowed for any objection to the marriage “on the ground that 

 34 Id.

35 Hindu Marriage Act, No. 25 of 1955, § 2(1) & (3), 20 INDIA CODE (1993), available on the Government of 

Punjab, Department of Revenue, Central Acts/Rules website, at http://punjabrevenue.nic.in/hmrgact%281%29. 

htm#registrationofhindumarriages.

36 Muslim Personal Law (Shari’at) Application Act, No. 26 of 1937, § 2, http://www.newdelhi.msz.gov.pl/ 

resource/e75c9c6a-42be-465e-822d-29bc1d01cc1d:JCR.

37 Kaneez Fatima and Another v. Angeal Cameron, 1978 SCC OnLine AP 41.

38 Indian Christian Marriage Act, No. 15 of 1872, § 4, http://www.newdelhi.msz.gov.pl/resource/afed7be8-7eb7-

45cd-9f05-752320c1eb1c:JCR. 

39 Special Marriage Act, No. 43 of 1954, http://keralaregistration.gov.in/pearlpublic/downloads/The%20Special 

%20Marriage%20Act.pdf?tok=49sddh3ss34ff4.

40 Id. § 1(2). The Act does not apply in the states of Jammu and Kashmir but does apply “to citizens of India 

domiciled in the territories to which this Act extends who are [in the State of Jammu and Kashmir].” Id.

41 Of Indian Marriage Laws and Conversions: The Case of Saifeena, PATHEOS (Feb. 27, 2013), http://www.patheos. 

com/blogs/mmw/2013/02/of-indian-marriage-laws-and-conversions-the-case-of-saifeena/; see also Shoaib Daniyal, 

When it Comes to Inter-faith Marriages, Indian State is Like a Super Khap Panchayat, SCROLL.IN (Sept. 9, 2014), 

http://scroll.in/article/676910/it-isnt-just-the-sangh-that-discourages-inter-faith-marriages-the-indian-legal-systemdoes-too. 

42 Special Marriage Act § 5. 

43 Id. § 6(2).
Prohibition of Interfaith Marriage

The Law Library of Congress 7

it would contravene one or more of the conditions specified in section 4 [of the Special Marriage 

Act]”44 for a valid marriage. If an objection is made to an intended marriage, “the Marriage 

Officer shall not solemnize the marriage until he has inquired into the matter of the objection and 

is satisfied that it ought not to prevent the solemnization of the marriage or the objection is 

withdrawn by the person making it.”45 The Marriage Officer has a period of thirty days from the 

date of the objection for “inquiring into the matter of the objection and arriving at a decision.”46 

If an objection is upheld by the marriage officer it can be appealed to a district court for a 

final decision.47 

If a Hindu (statutorily defined as including Sikhs, Jains, and Buddhists) marries a non-Hindu 

under the Act, he or she cannot inherit ancestral property, which is a right established under the 

Hindu Succession Act. Instead, provisions of the Indian Succession Act of 1925 apply.48

According to the US State Department’s 2013 report on religious freedom in India, there are 

“reports that many couples faced administrative difficulties” in solemnizing marriages under the 

Special Marriage Act and were subjected to “harassment by local officials during the registration 

process.”49 In addition, the written notice that parties must submit, which is open for public 

comment for a period of thirty days, includes their “addresses, photographs, and religious 

affiliation,” opening the couple up to “possible harassment by religious groups objecting to 

interreligious marriages.”50 One report also notes that the requirement of one of the parties 

having to reside in the area for thirty days is a hurdle for couples who wish to elope from the 

town or city in which they reside.51

Indonesia

Article 2(1) of Law No. 1 of 1974 on Marriage (Marriage Law) states that “a marriage is 

legitimate, if it has been performed according to the laws of the respective religions and beliefs 

of the parties concerned.”52 Article 2(2) requires that marriages be registered with the authority 

 44 Id. § 7(1).

45 Id. § 8(1).

46 Id.

47 Id. § 8(2).

48 Id. §§ 21 & 21A. 

49 U.S. DEPARTMENT OF STATE, BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, 2013 REPORT ON 

INTERNATIONAL RELIGIOUS FREEDOM: INDIA (July 28, 2014), http://www.state.gov/j/drl/rls/irf/2013/sca/ 

222329.htm.

50 Id.

51 R. Nithya, Why Does the Secular Indian State Discourage Inter-Religious Marriages?, NEWS CLICK (Nov. 15, 

2013), http://newsclick.in/india/why-does-secular-indian-state-discourage-inter-religious-marriages. 

52 Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan [Law No. 1 of 1974 on Marriage] art. 2(1), available 

on the website of the Indonesian Ministry of Religious Affairs, at http://www.kemenag.go.id/file/dokumen/ 

UUPerkawinan.pdf (in Indonesian). The Law is translated and reproduced in DEPARTMENT OF RELIGIOUS AFFAIRS,

THE COMPILATION OF ISLAMIC LAWS IN INDONESIA 71 (1996/1997).
Prohibition of Interfaith Marriage

The Law Library of Congress 8

designated by the associated regulations.53 The Marriage Law therefore does not expressly 

prohibit interfaith marriage, and there has been debate over the meaning of article 2(1) and its 

impact on such marriages. A strict interpretation of the provision may lead to a conclusion that 

marriage between two parties of different religious beliefs is not permitted. However, some 

scholars argue that, since the law itself is silent on the issue, if the religions of the parties do not 

prohibit the marriage then it may be carried out.54 

The Ministry of Religious Affairs officially recognizes six religions in Indonesia (Islam, 

Hinduism, Buddhism, Protestantism, Catholicism, and Confucianism), each with its own rules 

that may impact the ability to marry someone of a different faith.55 In particular, various rulings 

of Islamic bodies in Indonesia have stated that marriage between Muslims and non-Muslims is 

forbidden.56 The Compilation of Islamic Laws in Indonesia, produced by the Ministry of 

Religious Affairs in the 1990s, explicitly prohibits a Muslim man from marrying a non-Muslim 

woman, and a Muslim woman from marrying a non-Muslim man.57

In practice, the generally accepted view appears to be that interfaith marriages are usually not 

permissible.58 At the government level, the registration processes create barriers to the 

recognition of such marriages, with the Civil Registry Office tasked with registering marriages 

between non-Muslims and the Office of Religious Affairs only registering marriages involving 

Muslims.59 Reports indicate that the Civil Registry Office will only register marriages between 

people of the same religion, as evidenced by their identity cards. If the cards indicate different 

religions, “proof of conversion is required before the marriage can be recorded.”60 However, 

there may be a degree of flexibility in the policy, and there appears to remain some uncertainty 

regarding the approach to be taken.61

 53 Law No. 1 of 1974 on Marriage, art. 2(2).

54 Ratna Lukito, Trapped Between Legal Unification and Pluralism: The Indonesian Supreme Court’s Decision on 

Interfaith Marriages, in MUSLIM-NON-MUSLIM MARRIAGE: POLITICAL AND CULTURAL CONTESTATIONS IN 

SOUTHEAST ASIA 33, 35 (Gavin W. Jones et al. eds., 2009).

55 See U.S. DEPARTMENT OF STATE, BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, INTERNATIONAL 

RELIGIOUS FREEDOM REPORT 2010: INDONESIA (Nov. 17, 2010), http://www.state.gov/j/drl/rls/irf/2010/148869.htm. 

See also Mark Cammack, Legal Aspects of Muslim-non-Muslim Marriage in Indonesia, in MUSLIM-NON-MUSLIM 

MARRIAGE, supra note 52, at 102, 123.

56 See Suhadi Cholil, The Politico-Religious Contestation: Hardening of the Islamic Law on Muslim-non-Muslim 

Marriage in Indonesia, in MUSLIM-NON-MUSLIM MARRIAGE, supra note 52, at 139.

57 DEPARTMENT OF RELIGIOUS AFFAIRS, supra note 50, at 11 & 12 (Book 1 – Marriage, ch. 7, arts. 40(A)(c) & 44).

A fatwa issued in 1980 by the Indonesian Ulama Council forbade marriage between a Muslim man and a woman of 

the ahl al-Kitab (“people of the book”), and the Compilation of Islamic Law similarly prohibited all interreligious 

marriages involving Muslims. Chee Heng-Leng et al., Muslim-non-Muslim Marriage, Rights and the State in 

Southeast Asia, in MUSLIM-NON-MUSLIM MARRIAGE, supra note 52, at 1, 8.

58 See generally KELLY BUCHANAN, LAW LIBRARY OF CONGRESS, INDONESIA: INTER-RELIGIOUS MARRIAGE (July 

2010), http://www.loc.gov/law/help/religious-marriage.php; Cammack, supra note 36; Lukito, supra note 52.

59 See Simon Butt, Polygamy and Mixed Marriage in Indonesia: Islam and the Marriage Law in the Courts, in

INDONESIA LAW AND SOCIETY 266, 278 (Tim Lindsey ed., 2d ed. 2008).

60 Cammack, supra note 52, at 125.

61 Id. at 126–27. 
Prohibition of Interfaith Marriage

The Law Library of Congress 9

In June 2015, in response to a challenge to article 2(1) of the Marriage Law, the Indonesian 

Constitutional Court found that this article does not breach provisions of the Indonesian 

Constitution related to freedom of religion, equal treatment before the law, and the right to form 

a family.62 The Court considered that marriage includes spiritual and social aspects, as well as 

formal aspects, and held that the role of the state is to provide protection and legal certainty for 

marriages validly performed according to a religion.63

Iran

The Civil Code of the Islamic Republic of Iran prohibits marriages between Muslim women and 

non-Muslim men. Article 1059 explicitly states, “[m]arriage of a female Moslem with a nonMoslem is not allowed.”64 According to one source, this ban applies unless the man first 

converts to Islam.65 There is no similar provision in the Civil Code prohibiting the marriage of a 

Muslim man to a non-Muslim woman, although according to the same source the woman must 

believe “in one of three religions recognized by Islam as ‘religion with a scripture (Christianity, 

Judaism, and Zoroastrianism)’.”66 

If a Muslim leaves Islam or converts to another faith, he or she may be charged with the crime of 

apostasy. Apostasy, while a capital offense, is not specifically criminalized in Iran’s Penal Code. 

Rather, provisions in the Code and in Iran’s Constitution (article 167)67 state that Shari’a 

(Islamic) law 

applies to situations in which the law is silent. As a result, the Iranian judiciary is 

empowered to bring apostasy charges based on its interpretation of Shari’a law. . . . 

 62 Constance Johnson, Indonesia: Marriage Law Challenged, GLOBAL LEGAL MONITOR (Nov. 3, 2014), 

http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205404185_text; Kelly Buchanan, Indonesia: Court Rejects 

Two Challenges to Marriage Act, GLOBAL LEGAL MONITOR (June 25, 2015), http://www.loc.gov/lawweb/servlet/ 

lloc_news?disp3_l205404476_text.

63 Mahkamah Konstitusi, Decision No. 68/PUU-XII/2014, http://www.mahkamahkonstitusi.go.id/putusan/68_PUUXII_2014.pdf (in Indonesian), cited in Erwin Sihombing, Interfaith Marriages Still Unsanctioned as Court Rejects 

Judicial Review, JAKARTA GLOBE (June 18, 2015), http://jakartaglobe.beritasatu.com/news/interfaith-marriages-stillunsanctioned-court-rejects-judicial-review/. 

64 CIVIL CODE OF THE ISLAMIC REPUBLIC OF IRAN art. 1059, unofficial English translation containing amendments 

through Dec. 29, 1985, available on the UNHCR RefWorld website, at http://www.refworld.org/docid/49997 

adb27.html. This report relies primarily on the translation provided by RefWorld, which has been compared by the 

Law Library staff with the English translation in CIVIL CODE OF IRAN (M.A.R. Taleghany trans., Fred B. Rothman & 

Co. 1995) and with the latest available Persian text of the code, QĀNŪN-E MADANĪ [CIVIL CODE] 18/2/1307 (May 8, 

1928), as last amended 19/8/1381 (Nov. 10, 2002), available on the Islamic Parliament Research Center website at

http://rc.majlis.ir/fa/law/show/97937, and on the Iran Law Database at http://www.ghavanin.ir/ detail.asp?id=16686. 

The family law provisions of the Code were codified in 1935 and, like other parts of the Code, are based on Shiite 

Muslim law. Nadjma Yassari, Who Is a Child? Consideration of Tradition and Modernity in Iranian Child Law, 22 

RECHT VAN DE ISLAM 17 (2005), http://www.verenigingrimo.nl/wp/wp-content/uploads/ recht22_yassari.pdf.

65 ELTON L. DANIEL & ALI AKBAR HAHDI, CULTURE AND CUSTOMS OF IRAN 167 (Greenwood Press, 2006).

66 Id.

67 IRAN – CONSTITUTION (Oct. 24, 1979, as amended July 28, 1989) art. 167, available on the Universität Bern 

Institut für Öffentliches Recht website, at http://www.servat.unibe.ch/icl/ir00000_.html (unofficial 

English translation).
Prohibition of Interfaith Marriage

The Law Library of Congress 10

While the Qur’an does not explicitly state that apostasy should be penalized, the majority 

of Islamic jurists agree that an apostate is to be put to death [but] [c]ases of apostasy . . . 

are rare occurrences in Iran.68

Moreover, based on an interview with two Iranian defense lawyers experienced in handling court

cases in Teheran, a 2005 Danish fact-finding mission to Iran found that the courts do not 

typically punish Iranians who have converted from Islam to Christianity.

69

Iraq 

Article 17 of Law No. 188 of 1959 states that a marriage contract between a Muslim woman and 

a non-Muslim man is not valid.

70 Article 18 further requires that both husband and wife be 

Muslims in order for the marriage to be valid. If one of them renounces his/her Islamic faith, the 

couple must be separated.

71 

Israel

Marriage and divorce in Israel are generally regulated under the religious law of recognized 

religious communities and are subject to the jurisdiction of the respective religious courts.72 A 

marriage conducted in Israel between two persons belonging to different recognized religious 

communities, therefore, is not recognized unless it is conducted between a Muslim man and a 

Jewish or Christian woman, in accordance with Shari’a (Islamic) law. 

Based on private international law a marriage conducted abroad between spouses who are not 

citizens or residents of Israel at the time of the marriage is valid in Israel if it was valid under the 

law of the foreign country where and when it was performed.73

In a November 2006 decision the Supreme Court recognized, for purposes of eligibility for 

spousal succession under Israel’s Succession Law, 5725-1965,74 an interfaith civil marriage 

 68 Apostasy in the Islamic Republic of Iran, IRAN HUMAN RIGHTS DOCUMENTATION CENTER (July 30, 2014), 

http://www.iranhrdc.org/english/publications/reports/1000000512-apostasy-in-the-islamic-republic-of-iran.html. 

69 DANISH IMMIGRATION SERVICE, ON CERTAIN CRIMES AND PUNISHMENTS IN IRAN: REPORT FROM FACT-FINDING 

MISSION TO TEHERAN AND ANKARA, 22 JANUARY – 29 JANUARY 2005 (Apr. 2005), http://www.refworld.org/ 

pdfid/4476d5534.pdf. 

70 Law No. 188 of 1959, art. 17, Al-Waqa’i‘ Al-‘Iraqiya [Official Gazette], vol. 280, 30 December 1959, available at

http://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=5322d5ae4 (in Arabic).

71 Id. art. 18.

72 For Muslims, see the Palestine Order in Council, 1922, § 52, available at http://unispal.un.org/UNISPAL.NSF/0/ 

C7AAE196F41AA055052565F50054E656; for Christians, see id. § 54(1); for Jews, see Rabbinical Courts 

Jurisdiction (Marriage and Divorce) Law, 5713-1953, 7 LAWS OF THE STATE OF ISRAEL [LSI] 139 §§ 1–2; for Druze, 

see Druze Religious Courts Law, 5723-1962, 17 LSI 27 § 4. See also MENASHE SHAVA, 1 THE PERSONAL LAW IN 

ISRAEL 225–30 (4th ed. 2001).

73 HCJ 191/51 Skornik v. Skornik, 8 PISKE DIN [PD] [DECISIONS OF THE SUPREME COURT] 141.

74 Succession Law, 5725-1965, 19 LSI 58, as amended.
Prohibition of Interfaith Marriage

The Law Library of Congress 11

conducted in Romania between a Romanian Christian woman and a Jewish Israeli man.75 

Although the recognition of the marriage in this case was restricted to implementation of the 

appellant’s right to spousal succession, Court President Aharon Barak commented that if it was 

necessary he would extend the recognition “in order to ensure uniformity in the application of 

Israeli law to the relationship between the couple.”76

According to Barak, such a general recognition of status is required under private international 

law rules as applicable to the Israeli reality as a country that is open to immigration and in which 

there is no civil marriage option for interfaith couples who wish to marry. In formulating choiceof-law rules, Barak opined, the constitutional right to marry and have a family should be 

respected. Considering the complexity of this issue, Barak, with Justices Eliakim Rubinstein and 

Asher Grunis consenting, called upon the legislature to provide a legislative framework to 

regulate the status of marriages of Israelis that cannot marry in Israel.77

A partial legislative solution was adopted by the Knesset (Israel’s parliament) on March 15, 

2010, with the passage of the Law on Spousal Agreements for Persons Without a Religion, 5770-

2010.

78 Spouses registered in the registry of spousal agreements are treated as married couples 

for the purpose of the application of any other law, except immigration law.79 To be eligible for 

registration, however, applicants must prove that neither spouse belongs to a recognized religious 

community. Therefore, if one of the spouses does belong to such a community and the other 

does not, registration will not be allowed.

Interfaith marriages can be dissolved in Israel by civil family courts in accordance with the 

Matters of Dissolution of Marriage (Jurisdiction in Special Cases) Law, 5729-1969.80 Family 

courts are authorized to adjudicate cases under that Law by the Court for Family Matters Law, 

5755-1995.81

Jordan

Article 28 of the 2010 Law on Personal Status forbids the marriage of a Muslim man to a nonKitabia woman, a Muslim woman to a non-Muslim man, and the marriage of an apostate of 

Islam even if the other party is not Muslim.82

 75 Fam. Appeal 9607/03 Anonymous v. Anonymous (Jan. 27, 2005), available in the Nevo Legal Database (by 

subscription; in Hebrew), http://www.nevo.co.il (interpreting the Succession Law).

76 Id., Barak ¶ 23.

77 Id., Barak ¶¶ 22–23, Rubinstein ¶¶ K & L.

78 Law on Spousal Agreements for Persons Without a Religion, 5770-2010, SEFER HAHUKIM [SH] [BOOK OF LAWS] 

(official gazette) 5770 No. 2235 p. 428.

79 Id. § 13c(1).

80 Matters of Dissolution of Marriage (Jurisdiction in Special Cases) Law, 5729-1969, 23 LSI 274 (5729-1968/68).

81 Court for Family Matters Law, 5755-1995, SH 5755 No. 1537 p. 393, as amended.

82 Law No. 36 of 2010, art. 28, available on the website of the Supreme Judicial Department, at http://www.sjd. 

gov.jo/UploadedFiles/Documents/4de83f92-c040-4b6b-8480-b157b85efad5.pdf (in Arabic).
Prohibition of Interfaith Marriage

The Law Library of Congress 12

Kuwait

Article 18 of the 1984 law on personal status provides that a marriage contract is void when a 

Muslim woman marries a non-Muslim man, and a Muslim man marries a woman who is not 

Kitabia. The article also states that a marriage between a Muslim man or woman and a Muslim 

individual who renounces her/his Islamic faith is void.

83

Lebanon

Article 242 of the Lebanese Law of 1962 on the Organization of the Shari’a Courts84 requires 

Sunni courts to apply the rules of personal status of the Hanafi school of Islamic legal thought if 

no provisions exist in the Ottoman Family Rights Law of 1917 (1917 Law),85 and if no decisions 

of the Supreme Islamic Council are applicable. The Shia courts are required to apply the rules of 

personal status of the Jaafari school and the compatible provisions of the 1917 Law. Article 171 

of the 1948 Law on Personal Status of the Druze Community refers to the rules of the Hanafi 

school in the absence of applicable provisions in that Law.86 

Under Islamic law, as articulated by the various schools of Islamic legal thought, a Muslim 

woman cannot marry a non-Muslim man and a Muslim man cannot marry a non-Muslim woman 

unless she is Kitabia.87 According to the Grand Ayatollah Sistani, the eminent authority for 

Shias following the Jaafari School in Lebanon, a Muslim man is not allowed to marry a nonMuslim woman, except that in a “temporary marriage”88 a Muslim may marry a Christian or a 

Jewish woman.89 The Ayatollah also states that a Muslim woman is not allowed to marry a nonMuslim man. 

 83 Law No. 51 of 1984, art. 18, al Kuwait al Youm (official gazette), vol. 1570, 23 July 1984, http://www.e.gov.kw/ 

Documents/Arabic/Forms/MOJ/الشخصیة الأحوال قانون.pdf (in Arabic).

84 Law on the Organization of the Shari’a Courts of 1962, art. 242, available on the Mohamah.net Arab legal 

information website, at http://www.mohamah.net/answer/?qa=blob&qa_blobid=11118095335587627368 (in 

Arabic). Article 242 of this Law was amended by Law No. 171 of 2011, OFFICIAL GAZETTE No. 41 of 2011, 

http://www.pcm.gov.lb/arabic/subpgoldJo.aspx?pageid=3836 (in Arabic).

85 Ottoman Family Rights Law of 1917, available on the Scharee.com website, at http://scharee.com/?p=3017

(in Arabic).

86 Law on Personal Status Law of the Druze Community of 1948, in QAWĀNĪN LUBNĀN: MAJMŪʻAT AL-NUṢŪṢ ALTASHRĪʻĪYAH WA-AL-TANẒĪMĪYAH (Dār al-Manshūrāt al-Ḥuqūqīyah, 2001–2003), bibliographic record at 

http://lccn.loc.gov/2004346409.

87 NASIR, supra note 8, at 69–70.

88 A temporary marriage is a marriage contract for a term of whatever length is agreeable to the parties.

89 Ayatollah Systani’s opinion on marriage is available on his website, http://www.sistani.org/arabic/book/17/964/

(last visited Aug. 18, 2015).
Prohibition of Interfaith Marriage

The Law Library of Congress 13

Libya

Article 12 of Law No. 10 of 1984 on Family Law provides that a marriage contract is considered 

void when a Muslim woman marries a non-Muslim man, and a Muslim man marries a woman 

who is not Kitabia.

90

Malaysia

The marriage laws that govern Muslims in Malaysia largely prohibit Muslim-non-Muslim 

marriages. For example, section 10 of the Islamic Family Law (Federal Territories) Act 1984 

states: “(1) [n]o man shall marry a non-Muslim except a Kitabiyah. (2) No woman shall marry a 

non-Muslim.”91 Kitabiyah essentially refers to a “person of the book.” In practice, the marriage 

of Muslim men to non-Muslim women is also highly restricted due to the definition of who 

constitutes a Kitabiyah in the legislation:92

“Kitabiyah” means –

(a) a woman whose ancestors were from the Bani Ya’qub; or

(b) a Christian woman whose ancestors were Christians before the prophethood of 

the Prophet Muhammad; or

(c) a Jewess whose ancestors were Jews before the prophethood of the Prophet Isa.93 

Most state Islamic family laws contain the same or similar wording regarding Muslim-nonMuslim marriages as the federal statute.94 In addition, Malaysian state laws on apostasy make it 

 90 Law No. 10 of 1984 (Apr. 19, 1984) art. 12, http://aladel.gov.ly/home/?p=1246 (in Arabic).

91 Islamic Family Law (Federal Territories) Act 1984 (Act 303) § 10, http://www.agc.gov.my/Akta/Vol.%207/ 

Act%20303.pdf. This legislation applies to the federal territories of Kuala Lumpur, Labuan, and Putrajaya. Id. § 1.

92 Maznah Mohamad et al., Private Lives, Public Contention: Muslim-non-Muslim Family Disputes in Malaysia, in 

MUSLIM-NON-MUSLIM MARRIAGE: POLITICAL AND CULTURAL CONTESTATIONS IN SOUTHEAST ASIA, supra note 52, 

at 59, 73.

93 Islamic Family Law (Federal Territories) Act 1984, § 2.

94 The following statutes were located:

• Islamic Family Law (State of Selangor) Enactment 2003 (Enactment No. 2 of 2003) § 10, http://www2. 

esyariah.gov.my/esyariah/mal/portalv1/enakmen2011/Eng_enactment_Upd.nsf/f831ccddd195843f48256fc

600141e84/be3982513842335848256f3900165bfb?OpenDocument.

• Administration of Islamic Family Law Enactment 1985 (Enactment No. 12 of 1985) § 9 (Negeri 

Terengganu), http://www2.esyariah.gov.my/esyariah/mal/portalv1/enakmen2011/Eng_enactment_ 

Ori_lib.nsf/f831ccddd195843f48256fc600141e84/6434296aebc61a4b4825766a001190b2?OpenDocument.

• Islamic Family Law (Perak) Enactment 2004 (Enactment No. 6 of 2004) § 10, http://www2.esyariah. 

gov.my/esyariah/mal/portalv1/enakmen2011/Eng_enactment_Ori_lib.nsf/f831ccddd195843f48256fc60014

1e84/de8e5852a9940bf8482570450007ce9a?OpenDocument.

• Islamic Family Law (Negeri Sembilan) Enactment 2003 (Enactment No. 11 of 2003) § 10, http://www2. 

esyariah.gov.my/esyariah/mal/portalv1/enakmen2011/Eng_enactment_Ori_lib.nsf/f831ccddd195843f48256

fc600141e84/3d25b3d64ba899fa4825763400035779?OpenDocument.

• Islamic Family Law (State of Penang) Enactment 2004 (Enactment 3) § 10, http://www2.esyariah. 

gov.my/esyariah/mal/portalv1/enakmen2011/Eng_enactment_Upd.nsf/f831ccddd195843f48256fc600141e8

4/7c1802f45304a5e8482576c0000454eb?OpenDocument.
Prohibition of Interfaith Marriage

The Law Library of Congress 14

an offense to convert out of the Muslim faith, and such conversion must be authorized or 

confirmed by a Syariah (Shari’a) Court, so conversion in order to marry a non-Muslim partner is 

generally not an option.95 

Muslims in Malaysia also cannot marry under the civil marriage law. Section 3 of Law Reform 

(Marriage and Divorce) Act 1976 clearly excludes marriages involving a Muslim party, stating 

that “[t]his Act shall not apply to a Muslim or to any person who is married under Muslim law 

and no marriage of one of the parties which professes the religion of Islam shall be solemnised or 

registered under this Act . . . .”96

It appears that interfaith marriages, where they do not involve a Muslim party, are permitted 

under the 1976 Act. Marriages under the Act may be solemnized in the office of a registrar or 

“in a church or temple or at any place of marriage in accordance with section 24 at any such time 

as may be permitted by the religion, custom or usage which the parties to the marriage or either 

of them profess or practice.”97 Section 24 allows religious officiants to be appointed as assistant 

registrars and to solemnize marriages “if the parties to the marriage or either of them profess the 

religion to which the church or temple belong, in accordance with the rites and ceremonies of

that religion.”98 The Malaysian courts have found, for example, that where there is no religious 

impediment to a marriage there can be a valid contract of betrothal and marriage.99 

 

• Islamic Family Law Ordinance, 2001 (Cap. 43) § 9 (Sarawak), http://www2.esyariah.gov.my/esyariah/ 

mal/portalv1/enakmen2011/Eng_enactment_Ori_lib.nsf/f831ccddd195843f48256fc600141e84/299e9c27ee

d852504825768c0026ab80?OpenDocument (prohibits marriage with non-Muslims).

• Islamic Family Law Enactment 2004 (Enactment No. 8 of 2004) § 10 (Sabah), http://www2.esyariah. 

gov.my/esyariah/mal/portalv1/enakmen2011/Eng_enactment_Ori_lib.nsf/f831ccddd195843f48256fc60014

1e84/e1e1fad0f71f3668482576260016059f?OpenDocument.

• Islamic Family Law (State of Johor) Enactment 2003 (Enactment No. 17 of 2003) § 10, http://www2. 

esyariah.gov.my/esyariah/mal/portalv1/enakmen2011/Eng_enactment_Ori_lib.nsf/f831ccddd195843f48256

fc600141e84/8a3accb491fc77c7482576c10031ed2b?OpenDocument.

• Islamic Family Law (Kedah Darul Aman) Enactment 2008 (Enactment 11) § 10, http://www2.esyariah.gov. 

my/esyariah/mal/portalv1/enakmen2011/Eng_enactment_Upd.nsf/f831ccddd195843f48256fc600141e84/b4

963688f1d67899482576c100113c0e?OpenDocument.

• Islamic Family Law Enactment 2005 (Enactment No. 3 of 2005) § 10 (Pahang), http://www2.esyariah. 

gov.my/esyariah/mal/portalv1/enakmen2011/Eng_enactment_Ori_lib.nsf/f831ccddd195843f48256fc60014

1e84/1314c18ff274a9e7482576af000f6670?OpenDocument.

• Islamic Family Law Enactment 2006 (Enactment No. 7 of 2006) § 10 (Negeri Perlis), http://www2. 

esyariah.gov.my/esyariah/mal/portalv1/enakmen2011/Eng_enactment_Upd.nsf/f831ccddd195843f48256fc

600141e84/b177844d1eb6530d482578f5002e3e9e?OpenDocument. 

95 See Mohamad et al., supra note 90, at 76–77; KAMALA M.G. PILLAI, FAMILY LAW IN MALAYSIA 422 (2009).

96 Law Reform (Marriage and Divorce) Act 1976 (Act 164) § 3(3), http://www.agc.gov.my/Akta/Vol.%204/ 

Act%20164.pdf.

97 Id. § 22(1)(c).

98 Id. § 24(1).

99 NURAISYAH CHUA ABDULLAH, FAMILY LAW FOR NON-MUSLIMS IN MALAYSIA 26 (2006) (referring to Mary 

Joseph Arokiasamy v. Sundram [1938] MLJ 4).
Prohibition of Interfaith Marriage

The Law Library of Congress 15

Controversial cases have arisen involving the conversion of one spouse to Islam who then seeks 

a divorce through the Syariah courts under the relevant Islamic family law rather than in the 

secular courts under the civil marriage and divorce law.100 The spouse may also convert the 

children of the marriage to Islam, creating legal and jurisdictional issues with respect to 

custody matters.101

Maldives

In the Maldives, family law matters,102 including marriage, are predominantly regulated by the 

Family Law Act, 2000.103 Section 8 of the Family Law Act, which is based on Muslim personal 

law, stipulates as follows: 

a. No Maldivian woman shall contract a marriage with a non-Muslim man. 

b. Where a Maldivian man wishes to contract marriage with a non Muslim female, that 

marriage may only be solemnized if that non-Muslim female is permitted by Islamic 

Shairah to contract a marriage with a Muslim male.104

According to Islamic law, including the Shafi’i school of jurisprudence, which is the 

predominant school in the Maldives, Muslim men are permitted to marry only members of the 

Kitabiyya. The Shafi’i school has a fairly restrictive definition of Kitabiyya, namely Christians 

and Jews who are descendants of Israel.105 However, it is unclear how restrictive Maldivian 

courts are in interpreting this term. 

Morocco

Article 39(4) of the 2004 Personal Status Law prohibits the marriage of a Muslim woman to a 

non-Muslim man and a Muslim man to a non-Muslim woman unless she is a Kitabia.106

 100 See generally PILLAI, supra note 93, at 405–45 (chapter 16: The Effect of Conversion and Apostasy on Family 

Law). See, e.g., V. Anbalagan, No More Negotiations, Amend the Law, Interfaith Council Tells Putrajaya, THE 

MALAYSIAN INSIDER (Apr. 15, 2014), http://www.themalaysianinsider.com/malaysia/article/no-more-negotiationsamend-the-law-to-deal-with-conversion-issues-interfait.

101 See, e.g., Elizabeth Zachariah, Najib Rapped for Passing the Buck on Interfaith Child Custody Battles to Apex 

Court, THE MALAYSIAN INSIDER (June 14, 2014), http://www.themalaysianinsider.com/malaysia/article/najibrapped-for-passing-the-buck-on-interfaith-child-custody-battles-to-ap.

102 HUSNU AL SUOOD, THE MALDIVIAN LEGAL SYSTEM 87 (2014). 

103 Family Law Act, No 4 of 2000, http://www.agoffice.gov.mv/pdf/sublawe/Family.pdf (English translation).

104 Id. § 8. 

105 Zahidul Islam, Interfaith Marriage in Islam and Present Situation, 2(1) GLOBAL J. POL. & L. RES. 41 (Mar. 

2014), http://www.eajournals.org/wp-content/uploads/Interfaith-Marriage-in-Islam-and-present-situation.pdf. 

106 Law No. 1.04.22 of 2004, art. 39(4), http://adala.justice.gov.ma/production/legislation/ar/Nouveautes/ 

الأسرة20%مدونة.pdf (in Arabic).
Prohibition of Interfaith Marriage

The Law Library of Congress 16

Oman

Article 35 of Royal Decree No. 32 of 1997 forbids the marriage of a Muslim woman to a nonMuslim man, and the marriage of Muslim man to a woman who is not Kitabia.107

Pakistan

In Pakistan, family law matters, including marriage, are predominantly regulated by uncodified 

Islamic or Shari’a law, subject to statutory provisions,108 for members of the Muslim population. 

According to Mulla, a text on Islamic law that is frequently cited by Pakistan’s superior 

judiciary, “[a] Muslim male may contract a valid marriage not only with a Muslim woman, but 

also with a Kitabia,”109 meaning a member of the Christian or Jewish religion. Marriage to 

polytheists and idol or fire worshipers are not considered valid. Moreover, “[a] Muslim woman 

cannot contract a valid marriage except with a Muslim. She cannot contract a valid marriage 

even with a Kitabi, that is, a Christian or a Jew.”110 However, it has not been possible to confirm 

whether a Muslim woman’s marriage to a Kitabia is considered void or only “irregular.”111

Rules also exist for situations where one of the non-Muslim parties converts to Islam. If the 

husband converts to Islam the marriage will subsist. If the wife converts to Islam she must 

inform the husband, giving him the opportunity to convert within a period of iddat. If he does so 

the marriage will persist. If he doesn’t convert, however, the marriage will stand dissolved once 

the iddat period ends.112 

A 1988 Pakistan Supreme Court decision noted that there should be a procedure for a court to 

dissolve a marriage between a non-Muslim and a female Muslim convert. The Supreme Court 

held that since there is no such procedure, a marriage is automatically dissolved after the period 

of iddat if the husband fails to convert.113 However, according to the Lahore High Court, in 

order for a wife who is married to a non-Muslim to enter into a second marriage she must 

petition the court for dissolution of her first marriage. The court then summons the husband and 

informs him of the need for conversion; if the husband fails to convert within the iddat period, 

the court may “declare the marriage dissolved.”114

 107 Law No. 32 of 1997, art. 35, Al-Jaridah Al-Rasmiyah [Official Gazette], vol. 601, 4 June 1997, available at

http://www.omanlegal.org/law/Resault.aspx?law_file=32-1997.pdf (in Arabic).

108 West Pakistan Muslim Personal Law (Shariat) Application Act, No. 5 of 1962, § 2, available at http://www. 

commonlii.org/pk/legis/pj/consol_act/wpmpla1962460/.

109 MUNIR AHMAD KHAN, MULLA’S PRINCIPLES OF MAHOMMEDAN LAW 448 (Lahore: Imran Law Book 

House, 2008).

110 Id. 

111 Id.

112 Naziran alias Khalida Parveen v. State (1988) 713 PLD (SC).

113 Id., cited in Safia Bibi v. Muhammad Arif (1997) 158 MLD (Lah.).

114 Mst. Aisha alias Nasim v. State (2002) 197 PLD (Lah.) (applying Safia Bibi v. Muhammad Arif (1997) 158 

MLD (Lah.)).
Prohibition of Interfaith Marriage

The Law Library of Congress 17

The Dissolution of Muslim Marriages Act also stipulates that “[t]he renunciation of Islam by a 

married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to 

dissolve her marriage.”115

Qatar 

Article 25 of Law No. 22 of 2006 states that a Muslim woman is forbidden from marrying a nonMuslim man and a Muslim man is forbidden from marrying a woman who is not a Kitabia.

116

Kingdom of Saudi Arabia 

There is no legislation in Saudi Arabia related to family law. Since Islam is the main source of 

legislation in the Kingdom, family matters are subject to the rules of Islamic law. According to a 

religious fatwa issued by Dar al ifta’a al Saudia (the Permanent Committee for Scholarly 

Research and Ifta’, an official Saudi religious authority with the power to issue religious 

decrees), it is permissible for a Muslim man to marry a non-Muslim woman.117 However, Fatwa 

No. 9542, issued by the same committee, states that Islamic law forbids Muslim men from 

marrying women who are not Christian or Jewish.118

According to Fatwa No. 13504 issued by the Permanent Committee for Scholarly Research and 

Ifta’, marriage between a Muslim woman and a non-Muslim man is prohibited.119

Somalia

It appears that Somalia permits interfaith marriage only in limited form. The law controlling 

matters of personal status in Somalia is the 1975 Family Law.

120 It provides that in the event of 

 115 Dissolution of Muslim Marriages Act, 1939, § 4 available at http://www.refworld.org/docid/4c3f1c632.html. 

Section 4 is subject to two provisos. 

116 Law No. 22 of 2006, art. 25, Al-Jaridah Al-Rasmiyah [Official Gazette], vol. 8, 28 August 2006, available at

http://www.almeezan.qa/LawPage.aspx?id=2558&language=ar (in Arabic).

117 Fatwas of the Permanent Committee, Group 1, Volume 19: Marriage (2), The Second Question of Fatwa No. 

18488, PORTAL OF THE GENERAL PRESIDENCY OF SCHOLARLY RESEARCH AND IFTA’, http://www.alifta.net/ 

Fatawa/FatawaChapters.aspx?languagename=en&View=Page&PageID=7128&PageNo=1&BookID=7 (last visited 

Aug. 19, 2015).

118 Fatwas of the Permanent Committee, Group 1, Volume 18: Marriage (1), Fatwa No. 9542, PORTAL OF THE 

GENERAL PRESIDENCY OF SCHOLARLY RESEARCH AND IFTA’, http://www.alifta.net/Fatawa/FatawaDetails. 

aspx?languagename=en&View=Page&PageID=6984&PageNo=1&BookID=7#P312 (last visited Aug. 19, 2015).

119 Fatwas of the Permanent Committee, Group 1, Volume 18: Marriage (1), Fatwa No. 13504, PORTAL OF THE 

GENERAL PRESIDENCY OF SCHOLARLY RESEARCH AND IFTA’, http://www.alifta.net/Fatawa/FatawaChapters. 

aspx?languagename=en&View=Page&PageID=6951&PageNo=1&BookID=7 (last visited Aug. 19, 2015).

120 Family Law No. 23 of 1975, art. 1, OFFICIAL GAZETTE OF THE DEMOCRATIC REPUBLIC OF SOMALIA (Mar. 31, 

1975); see also ISLAMIC FAMILY LAW IN A CHANGING WORLD, A GLOBAL RESOURCE BOOK 79–82 (Abdullahi A. 

An-Na’im ed., 2002); Tahir Mahamood, The Somali Experiment with Family Law Reform, II(1) ISLAMIC L.Q. 250, 

260 (Mar. 1982). It is uncertain if the same Law currently controls family matters in Somaliland, a region in 

Somalia that declared its independence in 1993 following the collapse of General Mohamed Siyad Barre’s 

government in 1991. Mohammed Farah Hersi, Research Guide to the Somaliland Legal System, GLOBALEX (Feb. 

2009), http://www.nyulawglobal.org/globalex/Somaliland.htm. The region has yet to be recognized by the 
Prohibition of Interfaith Marriage

The Law Library of Congress 18

“absence of a specific provision” in the Law applicable to a particular personal status issue,

including marriage and divorce, “the leading doctrines of the Shafei school of Islamic legal 

though, the general principles of Islamic law (Shariat) and social justice” are applicable.121 

Under all Islamic schools of legal thought, Muslim women are barred from marrying anyone 

outside of their faith. According to Imam Shafi’I, 

there is a Qur’anic verse stating “do not marry infidels until they believe,” which aims to 

prohibit the marriage of Muslim women with Pagan men. The same verse also prohibits 

the marriage between Muslim women and infidels [men] who belong to the people of the 

book [Christians and Jews] because there is no loyalty [Welayah] between Muslims 

and Infidels.122

It appears that this form of marriage is void in Somalia.

123 The only permissible form of 

interfaith marriage in the country seems to be one in which a Muslim man marries a Christian or 

Jewish woman.124 

The same rules seem to govern non-Muslim married couples if one of them converts to Islam. 

For instance, according to the Shafei school, if the non-Muslim wife of a non-Muslim man 

converted to Islam and her husband did not, the husband would be required to convert to Islam as 

a condition of ensuring the continued validity of the marriage.

125 Refusal to do so would result 

in the termination of the marriage.126 However, if the husband converts to Islam, the marriage 

remains valid so long as the wife is Christian or Jewish.

127

It is unclear to what extent Somali courts apply principles of social justice and whether they 

apply them even in instances in which doing so would contradict Islamic law doctrines. 

 international community as an independent country. CENTRAL INTELLIGENCE AGENCY, THE WORLD FACT BOOK, 

https://www.cia.gov/library/publications/the-world-factbook/geos/so.html (last updated Aug. 6, 2015). The 1975 

Family Law was apparently repealed by Somaliland authorities in 1991. HASSAN ADAN ABDI (SUUDI), SITUATION 

ANALYSES REPORT – LEGAL TECHNICAL CONSULTANCY: FAMILY CODE 5 (Republic of Somaliland, Ministry of 

Family Affairs and Social Development, Apr. 2011), available at http://www.somalilandlaw.com/Family_Code_ 

Report_2010.pdf. However, it is unclear whether the authorities in Somaliland have the legal capacity to repeal 

Somali laws and issue new ones. 

121 Family Law No. 23 of 1975, art. 1.

122 Fatwa No. 66 of the Islamic Council for Issuing Religious Decrees (Jerusalem) (Apr. 29, 2015), http://www. 

fatawah.com/Fatawah/66.aspx (in Arabic; translation provided by George Sadek, Senior Legal Analyst, Law Library 

of Congress). 

123 NASIR, supra note 8, at 85.

124 Id. 

125 Fiqh, The Marriage of a Non-Muslim Couple: Part 3, If One of a Non-Muslim Couple Converts to Islam, 

MINISTRY OF ISLAMIC AFFAIRS, ENDOWMENT, DAWAH AND GUIDANCE, KINGDOM OF SAUDI ARABIA, http://feqh.alislam.com/Page.aspx?pageid=271&BookID=546&PID=1722&SubjectID=11444 (last visited Aug. 18, 2015) (in 

Arabic; translation provided by George Sadek). 

126 Id.

127 Id. 
Prohibition of Interfaith Marriage

The Law Library of Congress 19

Sudan

Article 19(e) of the Personal Status Law of 1991 provides that marriage of a Muslim man to a 

woman who does not believe in a heavenly religion (meaning Kitabia) is forbidden.128 In 

addition, article 5(1) refers to the Shari’a law of the Hanafi school, which prohibits marriage 

between a Muslim woman and a non-Muslim man.

129

Syria

Article 48(2) of the Personal Status Law130 stipulates that the marriage of a Muslim woman with 

a non-Muslim man is void. Article 305 refers to the Hanafi school of Islamic legal thought, 

which prohibits Muslim men from marrying non-Muslim women who are not Kitabia.

Tunisia

While the Personal Status Law in Tunisia does not expressly prohibit interfaith marriages,131 the 

government, by a Decree of the Minister of Justice dated November 5, 1973, prohibits civil 

status officers and notaries in charge of registering marriage contracts from recording the 

marriage of a Muslim woman to a non-Muslim man.132

United Arab Emirates 

Article 47 of Law No. 28 of 2005 forbids the marriage of a Muslim woman to a non-Muslim 

man, and the marriage of a Muslim man to a woman who is not Kitabia.

133

West Bank and Gaza

Article 33 of the Jordanian Law of Personal Status of 1976, which is still applicable in the West 

Bank, declares as void: (1) the marriage of a Muslim woman with a non-Muslim man, and (2) 

the marriage of a Muslim man with a non-Kitabia woman.134

 128 Law of Personal Status of 1991, art. 19(e), available on the Sudan Laws Online website, at http://lawsofsudan. 

net/index.php/component/docman/cat_view/2---?start=5 (in Arabic).

129 NASIR, supra note 8, at 69–70. 

130 Law issued by Legislative Decree No. 59 of 1953, art. 48(2), available on the website of the Syrian Bar 

Association, at http://www.syrianbar.org/index.php?news=167 (in Arabic).

131 Personal Status Law (issued Aug. 13, 1956), available on the Portal of Justice of Tunisia, at http://www.ejustice.tn/fileadmin/fichiers_site_arabe/codes_juridiques/code_statut_personel_ar_01_12_2009.pdf (in Arabic).

132 See Can a Tunisian Woman Marry a Foreigner Who Is Non-Muslim?, SUPPORT FOR WOMEN’S AND CHILDREN’S 

RIGHTS THROUGH INFORMATION TECHNOLOGY IN TUNISIA, ICTDAR, http://wrcati.cawtar.org/index.php? 

a=d&faq=198 (last visited Aug. 18, 2015).

133 Law No. 28 of 2005 on Personal Status art. 47, Al-Jaridah Al-Rasmiyah [Official Gazette], vol. 439, 30 

November 2005, available at http://www.gcc-legal.org/BrowseLawOption.aspx?country=2&LawID=3128

(in Arabic).

134 Jordanian Law of Personal Status of 1976, art. 33, available on the website of the Palestinian Authority Ministry 

of Women’s Affairs, at http://www.mowa.pna.ps/Local_laws/LL2.pdf (in Arabic).
Prohibition of Interfaith Marriage

The Law Library of Congress 20

Article 37 of the Egyptian Family Law of 1954, which applies in Gaza, states that a marriage 

between a Muslim woman and a non-Muslim man is void.135

Yemen

Yemeni Law on Personal Status forbids a Muslim woman from marrying a non-Muslim man136

and a Muslim man from marrying a non-Muslim woman unless she is Kitabia.137

 135 Egyptian Family Law of 1954, art. 37, available on the website of the Palestinian Legislative Council, at 

http://www.plc.gov.ps/menu_plc/arab/files/العائلة20%حقوق20%قانون/0/الفلسطینیة20%الوقائع/فلسطین.htm (in Arabic).

136 Law No. 20 of 1992 on Personal Status art. 26, available on the website of the Yemeni National Information 

Center, at http://www.yemen-nic.info/db/laws_ye/detail.php?ID=11351.

137 Id. art. 29.