Fatwa ID: 09047
Answered by Maulana Aabu Saeed Miah
Question:
Bismillah hir-Rahman nir-Rahim,
Assalam-o-alikum,
I hope you are in good health.
I am seeking a clear and detailed ruling according to the Hanafi school regarding the permissibility of marriage between a Sunni Muslim and a person who identifies as Ismaili (Aga Khani).
I have come across different fatwas. Some state that Ismailis are خارج از اسلام and therefore marriage is completely invalid, while others mention that rulings depend on the specific beliefs held by the individual and that blanket takfīr should be avoided.
To understand the correct position, I request clarification on the following points:
1. When scholars state that “Agha Khanis are out of the fold of Islam,” is this:
A ruling on the belief system (aqeedah) in general, or
A ruling applied to every individual who identifies as Ismaili?
2. According to Hanafi اصول (principles), what is the correct method of applying takfīr in such cases?
Is it necessary to verify the individual’s specific beliefs (e.g., belief in finality of Prophethood, obligation of salah, fasting, hajj, etc.) before declaring them outside Islam?
3. If an individual Ismaili:
Affirms the Shahadah
Believes in the finality of Prophet Muhammad ﷺ
Accepts the Qur’an as divine revelation
Does not explicitly deny the obligation of core pillars (even if practices differ)
Then:
Would such a person still be considered خارج از اسلام?
Would marriage with such a person be valid or invalid?
4. In cases where certain beliefs attributed to Ismailis are disputed or not universally held, how should a mufti determine the ruling?
Should rulings be based on documented doctrines, or the actual belief of the individual ?
5. Is there a difference between:
Hukm ‘ala al-madhhab (ruling on a sect’s doctrine) and Hukm ‘ala al-shakhs (ruling on a specific individual)
in this matter? If yes, how should this distinction affect the ruling on marriage?
6. Based on Hanafi fiqh, is the prohibition of such marriage:
Absolute (in all cases), or
Conditional (depending on the beliefs of the individual)?
I kindly request a detailed answer with reference to Hanafi sources such as Radd al-Muhtar or other معتبر کتب.
Jazakum Allahu Khairan for your time and guidance.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Firstly, regarding any specific matter, Islam looks at the details of the case. This means if one claims to be part of the muslim community but holds the beliefs of e.g. an atheist, they will be considered an atheist.
“Agha Khanis are out of the fold of Islam,” – This statement is based on the fact that individuals of this community have multiple beliefs that exclude them from being a muslim upon the teachings of Muhammad صلى الله عليه وسلم. One cannot be part of this sect of Shia’s and have sound beliefs. If they have sound beliefs, then they follow Ahlus Sunnah. If they have Ismaeeli beliefs, then they are Isma’ili.
The correct method of applying takfīr in such cases – It is without a doubt to state that “Agha Khanis are out of the fold of Islam” is correct. To consider a single individual as Kafir, it is necessary to understand precisely their beliefs. Ibn Abideen states in ‘Manzhoomah Uqudu rasmu.==l Mufti’, that all statements denying a muslim of being Kafir are considered. Therefore, the details of each individual claiming to be muslim is relevant before final judgement. If they clearly claim to be Ismaili, they will be considered Kafir for having the wrong Aqeedah.
If an individual Ismaili: Affirms the Shahadah, Believes in the finality of Prophet Muhammad ﷺ, Accepts the Qur’an as divine revelation Does not explicitly deny the obligation of core pillars (even if practices differ) – This makes the matter less clear. If a person has complete belief in the above matters, what then leaves them to still be considered an Ismaili. Part of being an ismaili is to not believe in these matters as they believe in matters which contradict Aqeedah of the Ahlus Sunnah. What does it mean to ‘not explicitly deny the obligation of core pillars? Does that mean they believe in the core pillars, as Ismailis do not believe in the core pillars, and do not believe in all explicit legislations of the Qur’an?
Marriage to an Ismaili is forbidden and is not recognised. This is due to their beliefs resulting in them being considered disbelievers. Claiming to be Ismaili is to claim having such wrong beliefs. Therefore, anyone claiming to be an Ismaili is not eligible to be the spouse of a muslim.
When considering marrying someone, it should be clear what exact beliefs they have. One cannot claim to be Ismaili and be free of wrong beliefs. A person is either Ismaili or has sound belief, cant be both , this is the reality of considering someone as a spouse.
Marriage is half of one’s Deen. It is a great blessing from Allah as many avenues of sin close and many opportunities of reward open. You are advised to select the partner of your life, the parent of your future, your companion in the Akhirah carefully.
Only Allah ﷻ knows best.
Written by Maulana Aabu Saeed Miah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
وَيَجِبُ إكْفَارُ الرَّوَافِضِ فِي قَوْلِهِمْ بِرَجْعَةِ الْأَمْوَاتِ إلَى الدُّنْيَا، وَبِتَنَاسُخِ الْأَرْوَاحِ وَبِانْتِقَالِ رُوحِ الْإِلَهِ إلَى الْأَئِمَّةِ وَبِقَوْلِهِمْ فِي خُرُوجِ إمَامٍ بَاطِنٍ وَبِتَعْطِيلِهِمْ الْأَمْرَ وَالنَّهْيَ إلَى أَنْ يَخْرُجَ الْإِمَامُ الْبَاطِنُ وَبِقَوْلِهِمْ إنَّ جِبْرِيلَ – عَلَيْهِ السَّلَامُ – غَلِطَ فِي الْوَحْيِ إلَى مُحَمَّدٍ – صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ – دُونَ عَلِيِّ بْنِ أَبِي طَالِبٍ – رَضِيَ اللَّهُ عَنْهُ -، وَهَؤُلَاءِ الْقَوْمُ خَارِجُونَ عَنْ مِلَّةِ الْإِسْلَامِ وَأَحْكَامُهُمْ أَحْكَامُ الْمُرْتَدِّينَ كَذَا فِي الظَّهِيرِيَّةِ.
ج2 – ص264 – كتاب الفتاوى العالمكيرية الفتاوى الهندية – مطلب في موجبات الكفر أنواع منها ما يتعلق بالإيمان والإسلام – المكتبة الشاملة