FIQH AL-MUWAZANAH IN DEALING WITH INTERFAITH MARRIAGE IN EUROPEAN MUSLIM MINORITY CONTEXT

Abstract

This paper aims to apply the concept of fiqh al-Muwazanah on the issue of interfaith marriages among Muslims that widely occur in non-Muslim majority countries, especially the Western world. Two cases discussed among scholars regarding their permissibility are analyzed: A Muslim man who marries an ahl al-Kitab woman and a newly converted wife whose marriage to her non-Muslim husband has already been established. Even though both issues have been discussed within classical and contemporary works, a new Muslim minority context may require some considerations. Thus, by applying fiqh al-Muwazanah, this study analyses the weighing of maslahah and mafsadah for both issues. A qualitative research method is employed to achieve this objective by interviewing selected local muftis and scholars. It was found that maslahah is significantly considered by muftis and scholars when dealing with both issues, especially the maslahah of religion and family. While both cases have different views among scholars, they share similarities in terms of considering maslahah must be in accordance with priority, the application must be based on a case-to-case basis, and the potential of da’wah is the central pillar for both permissibility. Despite the limited number of interviewees, this study provides rigorous analysis by referring to related literature, practical discussion, and recommendations on both issues.