5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

country and if, later, the coins lose their validity and the wife
dies, gold or silver equivalent to the value of coins on the day
when they lost their validity is to be given to her inheritors. It is
not necessary to give the same number of silver coins. [Paper
bills are the same as metal coins in this respect]. If the husband
claims that the things he sent after the nikâh were the mahr and
the wife says that they were presents, the husband’s claim will
be preferred if they have no witnesses.”
THE DISBELIEVER’S MARRIAGE
The following information is the translation of a chapter
captioned ‘The nikâh of a Kâfir’ from Durr-ul-mukhtâr, and
from Ibni Âbidîn, which is an explanation of the former:
Three facts will be explained here.
1 - Every nikâh that is sahîh between (two) Muslims is sahîh
between (two) disbelievers, too.
2 - Muslims’ nikâh will be harâm in the absence of any of the
conditions, e.g. if there are no witnesses or if the woman’s
period of iddat is not over yet. On the other hand, a nikâh
performed by disbelievers in these cases will be permissible if it
is compatible with the canonical laws in their religion.
3 - It is permissible for a disbeliever to marry a woman
disbeliever who would be forbidden for a Muslim to marry. And
when he marries one such woman he has to support her and,
when they become Muslims, people who accuse them of
incontinence, which is an act called Qazf, will have to be
chastised with (the punishment called) Hadd. On the other
hand, a couple whose nikâh would become null and void if they
became Muslims cannot inherit property from each other.
When a couple of disbelievers who have married through a
nikâh of the second or third type become Muslims, the judge
separates them. If any one party of a married couple of
magians, or the female party of a married couple of disbelievers
with a Heavenly Book becomes a Muslim, the other party will be
offered to become a Muslim, too. If he or she becomes a
Muslim, too, their nikâh will not become void. Otherwise, the
judge separates them. If the male party of a couple of magians
becomes a Muslim and the female party (the wife) becomes a
Jew or a Christian, their nikâh will not become void. If either
party (the woman or the man) of a couple of disbelievers with a
Holy Book becomes a Muslim and moves to the Dâr-ul-islâm,
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