Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions

TLDR: Barajas was a thirty-four-year-old American contractor from Texas working for the U.S. government managing reconstruction projects in Iraq, and he called on the Almighty often enough during his time in Baghdad.

Abstract: Leo Barajas was a thirty-four-year-old American contractor from Texas working for the U.S. government managing reconstruction projects in Iraq. Though not particularly religious at home, he called on the Almighty often enough during his time in Baghdad. “I had to wake up by faith, sleep by faith and do my job by faith,” he said. In August 2003, Leo met a striking young Iraqi woman named Mariam Ghadeer. In a short time, she had stolen his heart. By the end of 2003, wedding plans were underway. It was not until this time that Mariam told Leo he would have to convert to Islam. Leo refused. After many tears, Mariam concluded, “I guess we can’t get married.” This Note explores the rules in Islam governing marriage, specifically those restricting marriages in which one spouse is non-Muslim. The rules for Muslim women who wish to marry outside the faith are more restrictive than the rules governing Muslim men wishing to marry a non-Muslim. Some modern Islamic scholars and commentators argue that the pluralistic nature of modern society justifies a reevaluation of these rules, and that such action is not precluded by Islamic law. Muslim women, they contend, should have marital choice similar to that of their male counterparts. Many Islamic countries are facing the challenges of modernity and social change. Interfaith marriage is one of many issues currently pitting staunch traditionalists against modern reformists within the Muslim community. The goal of this Note is to identify the sources from which Islamic law is derived and the processes through which it is