DAÑWAH AND INTERFAITH MARRIAGES IN : A CASE STUDY OF NKHOTAKOTA DISTRICT

BY

ABBAS SAIDI MDOKA

A dissertation submitted in fulfilment of the requirement for the degree of Master of Islamic Revealed Knowledge and Heritage

Kulliyyah of Islamic Revealed Knowledge and Human Sciences International Islamic University Malaysia

AUGUST 2018

ABSTRACT

In Malawi, many Muslim youths choose their life partners from other religions such as who at the beginning of their life embrace . However, the situation changes after divorce and in case of death of the husband. The widow or the divorced woman denounces Islam and goes back to her old faith or religion. In many cases, this practice affects the children's future of religion when they are still young, and it jeopardizes the DaÑwah process in the country. The primary purpose of this study is to find out the impact of such interfaith marriages on DaÑwah process in Malawi. The findings obtained from this study shall have far-reaching implications on the lives of all in the country, especially the ImÉms of the MasÉjid. This research employed the qualitative method. The qualitative approach utilized library research and semi-structured interview methods for data collection. The library research focused on laws practiced in Malawi, books, case studies and journal articles related to interfaith marriages. The population of this study consisted of Muslim communities of Nkhotakota District.

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خالصة البحث ABSTRACT IN ARAB

يف مالوي، خيتار عديد من شباب املسلمني شريكات حياهتم من أهل الدايانت األخرى، مثل املسيحيّة اليت يف بداية حياهتا تعتنق اإلسالم. غري أ ّن الوضع يتغّري بعد الطالق، ويف حالة وفاة الزوج؛ األرملة، أو املطلقة اليت تدين ابإلسالم تعود إىل إمياهنا القدمي أو دينها. يف كثري من احلاالت، تؤثِّّر هذه املمارسة يف مستقبل األطفال الديين، وهم مايزالون صغاًرا، مما يهدد عملية الَّدعوة يف البالد. والغرض األساس من ِّ هذه الّدراسة هو معرفة أثر مثل هذه الزجيات بني األداين على عملية الَّدعوة يف مالوي. النتائج اليت متّ احلصول عليها من هذه الدراسة ستكون هلا آاثرها بعيدة املدى على حياة مجيع املسلمني يف البالد، وخاصّةً أئمة املساجد. يعتمد هذا البحث على الطريقة النوعيّة، وهي تستخدم يف البحث املكتيب، وأساليب املقابالت شبه املنظمة جلمع البياانت. والبحث املكتيب يرّكز على القوانني اليت تطبّق يف مالوي، والكتب، ودراسات احلالة، واملقاالت الصحفيّة املتعلقة ابلّزواج املختلط بني األداين. تتكون عيّنة هذه الدراسة من اجملتمعات املسلمة يف منطقة خنواتكوات.

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APPROVAL PAGE

I certify that I have supervised and read this study and that in my opinion, it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a thesis for the degree of Master of Islamic Revealed Knowledge and Heritage.

...... ………………………………….. Assoc. Prof. Dr Che Amnah bt Bahari Supervisor

I certify that I have read this study and that in my opinion it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a thesis for the degree of Master of Islamic Revealed Knowledge and Heritage.

.....………………………………….. Asst. Prof. Dr Masitoh bt Ahmad Internal Examiner

This thesis was submitted to the Department of UÎul al-DÊn and Comparative Religion and is accepted as a fulfilment of the requirement for the degree of Master of Islamic Revealed Knowledge and Heritage.

…………………………...... … Asst. Prof. Dr Amilah Awang Abd.Rahman Head, Department of UÎul al-DÊn and Comparative Religion

This thesis was submitted to the Kulliyyah of Islamic Revealed Knowledge and Human Sciences and is accepted as a fulfilment of the requirement for the degree of Master of Islamic Revealed Knowledge and Heritage.

…………………………...... … Prof. Dr Mohammad Abdul Quayum Dean, Kulliyyah of Islamic Revealed Knowledge and Human Sciences

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DECLARATION

I hereby declare that this dissertation is the result of my own investigations, except where otherwise stated. I also declare that it has not been previously or concurrently submitted as a whole for any other degrees at IIUM or other institutions.

Abbas Saidi Mdoka

Signature...... Date......

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INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

DECLARATION OF COPYRIGHT AND AFFIRMATION OF FAIR USE OF UNPUBLISHED RESEARCH

DAÑWAH AND INTERFAITH MARRIAGES IN MALAWI: A CASE STUDY OF NKHOTAKOTA DISTRICT

I declare that the copyright holder of this dissertation is Abbas Saidi Mdoka.

Copyright © 2018 Abbas Saidi Mdoka. All rights reserved.

No part of this unpublished research may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission of the copyright holder except as provided below

1. Any material contained in or derived from this unpublished research may be used by others in their writing with due acknowledgement.

2. IIUM or its library will have the right to make and transmit copies (print or electronic) for institutional and academic purposes.

3. The IIUM library will have the right to make, store in a retrieved system and supply copies of this unpublished research if requested by other universities and research libraries.

By signing this form, I acknowledged that I have read and understand the IIUM Intellectual Property Right and Commercialization policy.

Affirmed by Abbas Saidi Mdoka

……..…………………….. ……………………….. Signature Date

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ACKNOWLEDGEMENTS

Alhamdulillah, all praise and thanks are due to Almighty . May His peace and blessings be upon beloved Prophet MuÍammad, his household, companions and followers. Praise to Allah I have finished this research. The success of this research is all due to Allah and the shortcomings from this research are entirely mine.

I would like to express my deepest appreciation to Associate Professor Che Amnah bt Bahari for her continuous and excellent guidance, encouragement and supervision for making my research a success. She not only guided me in this research but also advised me based on her experience and opinions which can be applied in my life. Her guidance and support extended cannot be recompensed. A note of thanks must also go to Moulana Umair and the entire staff of Madrasah al-×ikmah Jelebu.

I would also like to express my gratitude to my close friend and mentor Sharrif Abobakar Kaisi, a Dean faculty of Development and Applied Sciences at Skyway University, Malawi, for his unwavering support. I am forever indebted to you brother. I must also acknowledge Asst. Prof. Dr Masitoh bt Ahmad for her insightful and intellectual suggestions that has impacted this research.

Last but of all I dedicate my utmost gratitude to my wife Ruqayyah my sons Abdullah, Abdul Rahman, Abdul Raheem and my daughter Husna who has patiently tolerated, assisted and encouraged me throughout the crucial periods of completing this work.

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TABLE OF CONTENTS

Abstract ...... ii Abstract in Arabic ...... iii Aproval page ...... iv Declaration ...... v Copyright Page...... vi Acknowledgements ...... vii List of Tables...... x

CHAPTER ONE: INTRODUCTION ...... 1 1.1 Background of the Study ...... 1 1.2 Statement of the Problem ...... 3 1.3 Research Question ...... 4 1.4 Objective of the Study ...... 4 1.5 Research Methodology ...... 4 1.6 Significant of the Study ...... 6 1.7 Limitation...... 6 1.8 Literature Review ...... 7

CHAPTER TWO: INTER-RELIGIOUS MARRIAGE IN ISLAMIC LAW. 12 2.1 Definition of Marriage ...... 12 2.2 The Purpose of Marriage ...... 17 2.3Inter-Religiuos Marriage ...... 21 2.4 Interfaith Marriage in Judaism and Christianity ...... 24 2.5 Marriage between Muslim Men and Women from among the People of the Book ...... 24 2.6 Marriage between Muslim Women and Non-Muslims ...... 27

CHAPTER THREE: THREE: THE LAW AND PRACTICE IN MALAWI...... 30 3.1The Legal System of Malawi ...... 30 3.2 Freedom of Religion ...... 32 3.3 Administration of Muslim Personal Law (MPL) ...... 33 3.4 Muslim Association of Malawi (MAM) ...... 37 3.5 Centre for Interfaith and Islamic Studies (CIIS) ...... 37 3.6 Why Muslim Personal Law is not being pursued? ...... 38

CHAPTER FOUR: METHODOLOGY ...... 42 4.0: Introduction...... 42 4.1 Research Design ...... 43 4.2 Validity and Reliability of Research ...... 44 4.3 Demographic Profile...... 45 4.4 Data Collection Procedure...... 45 4.5 Data Analysis...... 47 4.6 Requirement of Conversion...... 48 4.7Interaction with Family of Origin ...... 50

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4.8Support and Basic Knowledge for Converts ...... 54 4.9Society’s Perception of Muslims ...... 56 4.10The Role of Disparity of Faith in Divorce ...... 57 4.11 Living with Non-Muslim Parents ...... 58 4.12Children’s Faith Identity...... 61 4.13Factors Encouraging Interfaith Marriages ...... 63 4.13.0Introduction ...... 63 4.13.1Factors Encouraging Interfaith Marriages ...... 64 4.13.2Effect of Interfaith Marriage on DaÑwah Process ...... 67

CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS...... 70 5.1 Major Observations and Findings ...... 70 5.2 Recommendation for Practical Implication ...... 72

BIBLIOGRAPHY ...... 74

APPENDIX A: QUESTIONNAIRE AND INTERVIEWS ...... 79 APPENDIX B: QUESTIONNAIRE AND INTERVIEWS ...... 98

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LIST OF TABLES

Table No. Page No.

4.1 Responses to Requirement of Conversion 48

4.2 Responses on Requirement of Conversion Based on Gender 49

4.3 Interaction with Family of Origin 51

4.4 Basic Knowledge for Converts 54

4.5 Enhancement Courses 55

4.6 Society’s Perception of Muslims 56

4.7 Cause of Divorce 57

4.8 Living with non-Muslim Family 59

4.9 Apostatized Converts after Divorce 60

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CHAPTER ONE INTRODUCTION

1.1BACKGROUND OF THE STUDY

The Republic of Malawi is a landlocked country bordered by Zambia to the west,

Tanzania to the north, and Mozambique to the east and south. The Malawi landscape covers an area of 118,480 square kilometres. Malawi has a population of 13.2 million people according to the 20081 Malawi national population census. Geographically,

Malawi is situated in the southeast of Africa (Kachala, 2011).2 It is pertinent to say here that the population of Malawi is composed of people belonging to various faith groups and religions, namely Islam, Christianity and some traditional believers from different tribes.3 The three largest faith groups in Malawi are the Catholics, followed by the Muslims and thirdly, the Presbyterians.

According to the 2008 Malawi national population census, Malawi has more

Christians than Muslims.4 Out of the 13.2 million people in Malawi, Muslims consist of only 12 % of the total population whereas 2 % represent those traditional believers locally known in Malawi’s national language as ‘Chipembedzo chamakolo’ or ‘Nyau.5

The above statistics reported by the Malawi government was heavily criticized by Muslims in the country. The Muslim Association of Malawi rejected the 2008

1The latest statistics couldn't be found because the Malawi national population census is conducted after every ten years since its first national population census in the post-colonial period. 2Kachala, R. Environmental Health Policy and Regulation in Malawi: Report on control of Malaria in Malawi by Dr. Rabson Kachala, (2011). http://kachala.wordpress.com/2011/02/20/environmental- health-policy-andregulation-in-malawi/, Retrieved February 20, 2017. 3United States Department of State. International Religious Freedom Report.United States Department of State, (2012). https://www.state.gov/documents/organization/222281.pdf, 1, Retrieved March 13, 2017. 4Anusa, Daimon.(2007, May). Migrant Chewa Identities and their Construction through Gule Wamkulu/Nyau Dances in Zimbabwe. Paperpresented at Society, State & Identity in A frican History. Organized by African Union Conference Centre, Addis Ababa. 5Malawi National Statistical Office. (2008). Population and Housing Census 2008. Retrieved November 10, 2016.website.www.nsomw/index.php/2008-population

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census results, branding it as politically motivated and meant to silence them as a minority religion.6 They believe that their population is more significant than what was presented by the government.7 The Muslims confidently argued that the actual figure of Muslims presented in the statistics report was deliberately altered as part of the government or Christian propaganda to neutralize the Muslim power in Malawi.

Nkhotakota is situated in the northeast of the central region, stretching along the shores of Lake Malawi.8 It is one of the four districts with a high population density of Muslims in the country. The district is also considered as the birthplace of

Islam in Malawi according to some reports.9 The Muslims in the district are deeply religious and committed to their faith, partially due to the high influence of tablÊgh movement in the district.10 Although Muslim children attend church or government schools, they attend madrasah in the afternoon.

Furthermore, one of the main factors contributing to the rapid conversion into

Islam in the country is the common practice of interfaith marriages, which is a proxy for DaÑwah.

Despite the myths surrounding the abovementioned statistical report, interfaith marriages are commonplace in the country between people of different faith groups11

6Louis, Ndekha. Ambivalence in Interreligious Relations in Malawi: Is an African Model of Interreligious Relations Possible? The Journal of Theology in Southern Africa, No.152 (July 2015), 114-131. 7Musa, K. Valiant. The History of Islam in Malawi. Fattani, Malawi 2005. 9, cited as Musa. The History of Islam in Malawi. 8Britannica Encyclopaedia (2009). https://global.britannica.com/place/NkhotakotaRetrieved March 10, 2017. 9David, Bone. Malawi’s Muslim Communities in their Local and Global Context: Muslims, and . (2007), 2. http://www.sharia-in-africa.net/media/publications/bone_final/Bone_final.pdf, cited as David. Malawi Communities. 10David, Malawi Communities. 3. 11 Adams, Jimi. & Trinitapoli, Jenny. The Malawi Religion Project. Demographic Research Online Journal (2009, September). https://www.demographic-research.org/volumes/vol21/10/21-10.pdf, Retrieved September 04 2016.

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and religions.12 This study will thus examine its effect on the DaÑwah process in

Malawi.

1.2 STATEMENT OF THE PROBLEM

While it is true that every marriage may face challenges that can badly affect the union, an interfaith marriage has more side effects on a couple’s faith or religion.13 It is quite pertinent to highlight here that regardless of the differences in culture and faith, Malawi citizens practise interfaith-marriages among them. It is true that when partners who come from different religious backgrounds prepare to live their lives together, differences of religious beliefs can become a critical issue. For example, in

Malawi, many Muslim youth choose their life partners who are Christians who go on to embrace Islam to fulfil the requirement of disparity of faith.

However, the situations change after divorce or when the husband dies. The widow or the divorcee then denounces Islam and goes back to her old faith/religion. In many cases, this practice affects the children's religious future when they are still young and ultimately jeopardizes the DaÑwah process in the country. Thus, the main objective of this study is to find out the impact of such interfaith marriages.

1.3 RESEARCH QUESTIONS

1. What are the factors that encourage interfaith-marriages in Malawi?

2. What are the consequences that arise from interfaith-marriages that

negatively affect the DaÑwah propagation in Malawi?

12Yonah, Hisbon Matemba. A Comparative Study of Religious Education in Scotland and Malawi with Special Reference to Developments in the Secondary School Sector.(Unpublished Doctoral dissertation, University of Glasgow, UK, 2011, April), 65. 13Schutz, D. Pre-marriage preparation for Interfaith Couples. First published in "Threshold" Marriage Preparation journal (2009). http://www.cam.org.au/Portals, Retrieved on September 16, 2016.

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3. What are the effects of interfaith-marriages on the process of DaÑwah in

Malawi?

1.4 RESEARCH OBJECTIVES

1. To examine the factors that encourages interfaith-marriages.

2. To investigate the consequences that arises out of interfaith-marriages in

Malawi.

3. To identify the effects of interfaith-marriages on the process of DaÑwah in

Malawi.

1.5 RESEARCH METHODOLOGY

This research employed the qualitative method. The qualitative method utilized library research and semi-structured interviews for data collection. The library research focused on laws practised in Malawi, books, case studies and articles from journals.

The population of this study consisted of Muslim communities of Nkhotakota district.

The sample from that population was made up of 10 participants comprising both male and female ex-Muslims of the district. Due to the low literacy level in the country, the researcher selected participants with at least primary school educational background. One-to-one in-depth semi-structured interviews were conducted.

The researcher interviewed all 10 selected participants for this study without any bias practices in order to get the primary data. The researcher obtained written permission from the authorities of the university, and the kulliyah where the researcher is currently studying at, before embarking on the interviews. Permission from the department and authorities of the district commissioner of Nkhotakota was

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also obtained before data collection commence. The questions posted to the interviewees are as follows:

1. How did you first come to terms with the requirement of conversion?

2. What was the reaction of your family when they heard that you have

converted to Islam?

3. How do you describe the assistance afforded to you by your spouse, ImÉm

of the area and the Muslim community in acquainting you with the

necessary knowledge of Islam?

4. Did you enrol in any Islamic course to educate and familiarize yourself

with the new way of life you have embraced?

5. To what extent did you follow the rules of Islam after conversion? And

would you describe yourself as a religious person?

6. Do you think that society is more accepting towards non-Muslims than

Muslims?

7. How do you plan the upbringing of your children (if any); which religion

would you choose for them?

8. Do you think religion played any role in your divorce?

9. At what point in time did you think about leaving Islam? Was it a difficult

decision?

10. How difficult would it have been if you were to remain a Muslim while at

the same time stay with your non-Muslim family?

From the interview, an analysis was made to answer the above research questions and a write-up was made in response to the objectives of the study.

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1.6 SIGNIFICANCE OF THE STUDY

It is noteworthy to highlight here that the findings obtained from this study may have far-reaching implication on the lives of Muslims in Malawi. This is because the researcher believes that the conclusions drawn shall help the Muslim community to know how to handle issues about interfaith-marriage practices in Malawi. More importantly, the people involved in teaching and educating the Muslim masses on matters about Islam, i.e., ImÉms of the masÉjid and teachers of afternoon madrasah, famously known as makÉtib, will get assistance with regard to the relevant teachings that interfaith marriage couples need most, in order to help them stay independent and keep their feet firmly grounded in Islam.

1.7 LIMITATIONS OF STUDY

This study is confined wholly to exploring the impact of interfaith-marriages on the

DaÑwah process in Malawi. Consequently, the findings emanating from this study, although valid, cannot be generalised to other countries due to environmental and cultural differences that may exist there. Due to time constraint, this study only investigated interfaith-marriages in the Nkhotakota district.

1.8 LITERATURE REVIEW

Ezzeldini reported in his article titled ‘Intercultural and Interfaith Marriages’ that presently, interfaith and intercultural marriage practices are common in the USA and elsewhere in the world.14 According to him, such practices have more stress and strain compared to other same-religion marriages. This is because they have built-in differences in areas that are particularly very sensitive and difficult to be

14Ezzeldini, M.L. (2011). Intercultural and Interfaith Marriages, from www.suhaibwebb.com/relantionship/marriage, Retrieved January 20, 2017.

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compromised. He further contends that extra effort from both couples must be put in place carefully to build up a strong base for a lasting union.

The majority of women who have Muslim partners feel offended when people assume they have been brainwashed and only became Muslims for the sake of marriage. In Islam, only a non-Muslim man has to fulfil an Islamic prerequisite and convert to marry a Muslim woman, otherwise known as ‘a conversion of convenience' as opposed to ‘a conversion of conviction.15

Anyone professing conversion to Islam is sure of a warm welcome and conversion to Islam through marriage is a plus to the Muslim community. This is an encouragement to Muslims in Kenya, always conscious of their minority position compared to Christians. If the convert was formerly a Christian, a ceremonial act of allegiance to Islam is a cause to celebrate.16

It has often been suggested that marriage plays a significant role in a person’s decision to convert to Islam (especially for women). In her study of British women who have converted to Islam, Harfiyah Ball states that “for most of the new Muslims questioned, marriage played a large part in their decision to embrace Islam.”17

In Islam, Sharīʻah law treats men and women asymmetrically; according to traditional fiqh, Muslim men are permitted to marry Muslim, Christian and Jewish women, but are prohibited from marrying women who are atheists or follow polytheistic religions. Muslim women, on the other hand, are only permitted to marry

Muslim men. If, however, marriage exists with an unsuitable partner then, according

15Mona, Alyedreessy. British Muslim Convert: An Investigation of Conversion and De-Conversion Process to and from Islam. (Ph.D. Thesis). London: Faculty of Arts and Social Sciences, Kingston University, 2016, 115. 16James, Derrick Holloway. “Marriage as a factor affecting the transfer of Religious devotion in Kenya”. (Ph.D. thesis).Kenya: University of Kenya, 1976, 191. 17Brice, M.A. Kevin. A minority within a minority: A report on converts to Islam in the United Kingdom,Faith Matters, (Swansea University UK. 2010), 23.

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to traditional Islamic teachings, the union is seen as invalid and may, depending on circumstances, be dissolved.18

However, interfaith and intercultural marriages are not prohibited in Islam in totality. Islam places certain conditions towards such unions. For instance, a female

Muslim is not allowed to marry a non-Muslim man who does not want to denounce his old faith and religion, whereas a male Muslim is allowed to do so.

In a study done by Zahidul Islam, it is indicated that according to Yūsuf Al-

QarÌÉwÊ in his book entitled ‘Min Hady al-IslÉm FatÉwÉ MuÑÉÎarah’ the original rule about marriage with Ahl al-Kitāb is permissible. However, he mentions that Umar al

KhaÏÉb was not in favour of such marriages. YËsuf Al-QarÌÉwÊ further mentions that interfaith marriage is permissible so long as the prospective wife professes a religion which promotes the oneness of God. However, nowadays it is not an easy task to identify a religion other than Islam which promotes the concept of TawḥÊd. He further elaborates that it is also imperative to mention that such marriage is not allowed if the woman is a Jew or a Christian whose religion blatantly wages war against Islam.

However, some interfaith couples have managed to evade such laws governing marriage contracts, which block their unceremonious marriages due to the disparity of faith, by going abroad to solemnize their marriages.19 Just like a married Malaysian man may get into polygamous marriage in neighbouring Thailand or Indonesia.20 Such marriages legitimized abroad are considered valid when registered back home, according to Indonesian law. Buchanan asserts that:

18Neumueller, Caroline. “The 21st-century new Muslim generation: Converts in Britain and Germany.”(Ph.D. thesis). UK: University of Exeter, 2012, 234. 19Kelly Buchanan. Indonesia: Inter-Religious Marriage. The Law Library of Congress,(Global Legal Research Center, July 2010), 6, cited as Kelly. Indonesia: Inter-Religious Marriage. 20Azlizamani Zubir, Najib Ahmad Marzuki & Md Zawawi Abu Bakar. “Factors and Implications of Cross-Border Marriage among Malaysian Citizens," International Journal of Humanities and Social Science Invention, vol. 5 no. 10 (2016): 13. http://www.ijhssi.org/papers/v5(10), Retrieved on April 04, 2017.

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The 1974 Marriage Law provides that a marriage performed outside Indonesia between two Indonesian nationals or between an Indonesian national and a foreign national shall be legitimate if carried out according to the laws in force in the state wherein the marriage has been performed and insofar as the Indonesian national is concerned, the marriage is not in contravention of the provisions of this Law. Such marriages must be registered in Indonesia within one year of a couple's return to the country.21

Therefore, those holding broad views of interfaith marriage, do warn of impending problems that such marriages may entail, that are detrimental to both individual and society.22

Apart from a ḥadīth (prophetic tradition) that says priority must be given to marrying someone of the same faith and ÑUmar’s ruling as mentioned earlier23 the other reason given for discouraging interfaith marriage is that it will lead to problems for either one or both parties in the practice of their respective religions.24 There was a case involving a marriage between a Muslim woman and a Protestant man. Officials at the Office of Religious Affairs in Indonesia had refused to formalize the marriage because the marriage was not in accordance with Islamic law due to the man not being a Muslim.25

Oh, you who believe! When there come to you believing women refugees, examine them (and test) them; Allah knows best as to their faith: If you ascertain that they are believers, then send them not back to the unbelievers (kuffÉr). They are not lawful (wives) for the unbelievers, nor are the unbelievers lawful (husbands) for them. (Qur’ān, al- MumtaÍanah: 60:10).

While the verse does not explicitly stipulate the rule and effect of conversion to

Islam, it lays down the general law prohibiting the marriage of a Muslim with a non-

21Kelly. Indonesia: Inter-Religious Marriage. 6. 22ÑAÏiyyah FayÉÌ. Al-ÖawÉbiÏ al-SharÑiyyah Li nikÉÍ al-Muslim al-KitÉbiyyah. (DÉr al-Nashr Li jÉmiÑÉt, Al-Qāhirah, Miṣr, 2002), 49. 23ÑUmar asked ×udhayfah to divorce his Jewish wife arguing that it was fitnah. 24Maḥmod, Radhi Al-Mustaqeem. Current Issues in the Islamic World; Islam and Interfaith Marriage, (Middle-Eastern Graduates Centre Sdn. Bhd, Kuala Lumpur, 2006), 26. 25Kelly. Indonesia: Inter-Religious Marriage. 5.

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Muslim. Hence, it can be deduced from the verse that should a non-Muslim couple decide to convert to Islam, the continuance of the marriage depends on the other party’s mutual conversion. The marriage will remain intact without the need to undergo any procedure to re-marry if both spouses convert to Islam. Otherwise, the marriage will be dissolved upon the refusal of the non-Muslim spouse to convert to

Islam.26

According to the ShÉfiÑī and the ×anbalÊ schools of law, if one of the non-

Muslim spouses converts before the consummation of the marriage, the separation shall be hastened at the instance of the conversion.27If the husband of a kitÉbiyyah woman converts to Islam, the marriage will remain valid.28Where both spouses to a marriage are non-Muslims, and both convert to Islam, their marriage would remain valid even if there were no witness to the marriage. Ibn ÑAbd al-Birr said that this view is unanimously agreed by Muslim scholars because after conversion both become Muslims.29

Interfaith marriage apart from sending in converts to Islam often causes controversy between family partners. This is because interfaith marriages such as in

Malaysia are usually construed as a change of ethnic identity. Such conversion to

Islam is synonymous to “masuk Melayu”.30 The same conversion in Malawian society is interpreted as embracing the Yao ethnic group.

Thus, the above-quoted articles are all themed around the legality of interfaith marriages in Islam. As illustrated elsewhere in this research, the focal purpose of this

26Abdullah Nuraisyah Chua.Conversion to Islam –Effect on Status of Marriages and Ancillary Reliefs, (Kuala Lumpur: International Law Book Services, 2004), 4. 27ÑAbd al-KarÊm ZaydÉn. Al-MufaÎÎal fÊ AÍkÉm al-Mar´at wa al-Bayt al-MuslÊm fÊ al-SharÊÑah al- IslÉmiyyah. (Lubnān: Muassasah al-RisÉlah, 1993), 7. 28Al-NawawÊ.MinhÉj al-ÙÉlibÊn. (Lubnān: DÉr al-MinhÉj, 2005), 387. 29Ibn QudÉmah al-MaqdisÊ, Al-MughnÊ. (RiyÉdh: DÉr ÑÓlam al-Kutub, 1997), Vol.10.7 30Suraya,Sintang., Khadijah Muhammad, Khambali., Azizan, Baharudin., & Mahmud, Ahmad. Interfaith marriage and religious conversion: A case study of Muslim converts in Sabah, (2011, November). https://www.researchgate.net/publication/253239476, Retrieved, March 10, 2017.

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study is to examine the effects of interfaith marriages between Muslims and Christians on the DaÑwah, process in Malawi with a particular focus on Muslims of Nkhotakota district. A meticulous exposition of Islamic law on interfaith marriages will be discussed in the following chapter.

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CHAPTER TWO

INTER-RELIGIOUS MARRIAGE IN ISLAMIC LAW

2.1 DEFINITION OF MARRIAGE

The word zawÉj is used in Arabic to mean marriage and joining together in pairs.31

The words tazÉwuj, muzÉwajah and izdiwÉj all share the same meaning in the Arabic language.32 The researcher would like to point out that the word zawÉj and the word nikÉÍare both used with the same meaning in the Holy Qur’Én and Sunnah and in all

Arabic speaking countries. However, in most non-Arabic speaking countries, the word nikÉÍ is the conventional term used to refer to the marriage contract (Ñaqd nikÉÍ) while in some countries the term refers to the wedding ceremony incorporating the contract.

The term zawj is a neutral gender; a wife will refer to her husband as zawj in the same way a husband will refer to his wife as zawj.

And We said; Oh! Ódam, you and your wife (zawjuka) dwell in paradise. (Qur’Én, al-Baqarah: 2:35)

When the Qur’Én and Sunnah use either of these two terms nikÉÍ or zawÉj, it refers to marriage, and both terms are synonymous.

Do not marry (tankiÍ) any women your fathers married (nakaÍa). (Qur’Én, al-NnisÉ: 4:22)

And in sËrah al-Baqarah, Allah says:

But if he divorces her again, she is not lawful for him after that until she has married (tankiÍa) another husband. (Qur’Én, al-Baqarah: 2:230)

31Ibn MandËr, LisÉn al-ÑArab, (BayrËt, Lebanon: DÉr ØÉdir Publishers, 2005), 7:76. 32MuÍammad RifÉÑat UthmÉn.The Laws of Marriage in Islam (London: DÉr al-TaqwÉ, 1995), cited as UthmÉn. The Laws of Marriage.

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The words nakaÍa and tankiÍa have been used in these two verses both in reference to marriage. Nevertheless, the Sunnah has utilized the word nikÉÍin a special context to mean sexual intercourse. Anas bin MÉlik reported that the

Messenger of Allah (s.a.w) said: “Do everything except (nikÉÍ) intercourse”.33

In other words, the husband is permitted to enjoy his menstruating wife in any way except actual sexual intercourse. What has diverted the expression from the meaning of marriage to sexual intercourse is our knowledge that the man’s wife is already married to him and therefore, what is meant by the word nikÉÍ must be sexual intercourse.34

According to al-ZamakhsharÊ a celebrated hanafÊ Qur’Én commentator, “the

Qur’Én has never used the term nikÉÍ to refer to sexual intercourse.”35 However, there are several verses in which some commentators have interpreted them to mean sexual intercourse.36The FuqahÉ (Muslim jurists) have gone to great lengths to explain these words and have given many definitions of marriage.

ShÉfiÑÊ jurist, KhaÏÊb al-SharbÊnÊ defines marriage as, "a contract that leads to the permissibility of sexual relationship, by using the word nikÉÍ, TazwÊj or translation

(of the two terms).37

A ×anafÊ jurist, ibnÑÓbidÊn defines marriage as, "a contract leading to the permissibility of having enjoyment and pleasure between man and woman without any prohibition under Islamic law.”38

33Muslim bin ×ajjÉj, ØaÍÊÍ Muslim. (Al-QÉhirah: DÉr al-×adÊth, 2001), 2:214; cited as Muslim. ØaÍÊÍ Muslim. 34UthmÉn. The Laws of Marriage. 2. 35Al-ZamakhsharÊ, Abu al-QÉsim MaÍmËd ibn ÑUmar. Al-KashshÉf. (BayrËt: DÉr IÍyÍ’u al-TurÉth al- ÑArabÊ, 1998), 3:216. 36 ShamÊlah al-Ahdal, Abdul RaÍmÉn bin Abdul RaÍmÉn, Al-AnkiÍah al-FÉsidah. (RiyÉdh: Al- Maktabah al-Dauliyyah, 1983), 33. 37AsharbÊnÊ, Shams al-DÊn MuÍammad ibn MuÍammad AÍmad al-KhaÏÊb, MughnÊ al- MuÍtÉj´ilÉMaÑrifatmaÑanÊ al-FÉÌ al-MinhÉj. (BayrËt: DÉr al-MaÑrifah, 2003), 3:165. 38 Ibn ÑÓbidÊn, ×Éshiyah Radd al-MukhtÉr, (Karachi, Pakistan: H.M SaÑÊd Company 1989), 3:3.

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MÉlik jurist, AbËÑAbdullÉh al-MaghribÊ defines marriage as, “a contract that leads to pleasure and enjoyment between two people that have no price needed to be paid to his wife. And the husband is fully aware that he is allowed to marry his wife without any constraint from the Qur´Én and the consensus of Muslim jurists.”39×anÉbilah jurist, al-BahËtÊ defines marriage as, “a contract which uses the terms NikÉÍ, TazwÊj or any other word of its equivalent translation.40

All these definitions from different jurists share the same meaning and that is

"the legal procurement of sexual intercourse." Quite naturally, by being jurists, their primary concern is the legality of the case. However, there are certain components and vital aspects of marriage that go along with the legal facet to complement marital union which is relevant to our time. The danger for a society is when men engage in a marriage contract purely for sexual intercourse but are not prepared to fulfil their other responsibilities as husbands. In fact, one of the MaqÉÎid al-SharÑiyyah (the ultimate objectives of sharÑiyyah) is Íifdh al-Nasal (protection of offspring), which entails the husband and wife to commit themselves to duties and responsibilities for the well- being of the children.

MuÍammad AbË Zahrah, a distinguished 20th century scholar of Islamic law, defines marriage as "a contract leading to the permissibility of having a common life between a male and female in the manner that fulfils all necessities of nature, leading to a life of cooperation between them and defining the duties and rights of each

39AbË ÑAbdullÉh MuÍammad ibn MuÍammad ibn ÑAbdul RaÍmÉn al-MaghribÊ. MawÉhib al-JalÊl li SharÍ MukhtaÎar KhalÊl. (RiyÉÌ: DÉrÑÓlam al-kutub, 2002), 5:9. 40al-BahËtÊ, ManÎËr ibn YËnus ibn IdrÊs, KashshÉf al-QinÉÑ Ñan Matan al-IqnÉÑ. (BayrËt: DÉrÑÓlam al-Kutub, 1997), 4:5.

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