Fatwa No : 82370
Daughter in Law from a Qadiani Family who takes children to Canada with her a

Daughter in Law from a Qadiani Family who takes children to Canada with her a

I, Muhammad Ferozuddin, son of Muhammad Fakhruddin, married my eldest son, Muhammad Faheemuddin, to Afshin Jahangir sixteen years ago. One year after the marriage, when Afshin’s maternal grandfather passed away, we learned during his funeral that they were Qadianis (Ahmadiyya).
When we confronted Afshin Jahangir’s father, Adil Jahangir, and her mother, Amtul Bari, about this matter, her father swore that he was a Muslim. He claimed that his wife used to be a Qadiani but had accepted Islam after marriage.
At that time, my daughter-in-law Afshin was pregnant. Although my family insisted that she be divorced, we did not proceed with divorce because both her parents and Afshin herself swore they were Muslims.
Apart from my daughter-in-law Afshin Jahangir, Adil Jahangir has one more daughter and three sons. Six years after this incident, Adil Jahangir married off his elder daughter (Afshin’s sister) into a Qadiani family. Not only that, but a few years later, he also married his eldest son, Babar Jahangir, into another Qadiani family.
Then, eight years ago in October 2013, Adil Jahangir sold his house and belongings and moved to Canada through Qadiani connections.
Now, my daughter-in-law Afshin Jahangir (wife of Muhammad Faheemuddin) is still closely connected to her maternal relatives, who are all Qadianis. She is also closely associated with her sister, who is married into a Qadiani family.
In this situation, I seek clarification on the following:
Is it religiously permissible (under Islamic law) for my daughter-in-law to maintain close ties with her maternal family, given that they are Qadianis?
She is now saying that she will take my son and grandsons to settle in Canada, even though she and her mother had previously sworn not to do such a thing.
Therefore, I ask: Is my daughter-in-law Afshin a Muslim or not?
Please provide a written Fatwa (religious ruling) or guidance so that I may prevent her from taking my Muslim children out of this country.

الجوابُ حامِدا ًو مُصلیِّا ً

If the statement mentioned in the question is indeed true and based on facts, without any kind of misrepresentation, and it is the case that the daughter-in-law's entire maternal family or some members of the family hold Qadiani (Ahmadiyya) beliefs and ideologies, then it is not permissible for the daughter-in-law to:
Participate in the events of happiness or sorrow of these Qadiani individuals,
Socialize with them in the same way as with Muslim relatives,
Or move to Canada with her husband and children to live with or near them.
She must refrain from doing so.
However, the inquirer (the father-in-law) has not provided any details about the beliefs or religious views of the daughter-in-law herself, based on which a clear Islamic legal ruling could be issued.
Even if some of her family members follow the Qadiani religion, the inquirer is advised to resubmit the question with details regarding the daughter-in-law’s own beliefs and views, so that a proper ruling can be .given upon careful consideration, Insha Allah
Until then, and before reaching certainty or clarity regarding the daughter-in-law’s faith and religious beliefs, it is not permissible to doubt her faith or take any action against her, and this must be avoided.

مأخَذُ الفَتوی

ففی حاشية ابن عابدين: (قوله ما يعتمد الملة) أي ما يكون الاعتماد في صحته على كون فاعله معتقدا ملة من الملل ط أي والمرتد لا ملة له أصلا لأنه لا يقر على ما انتقل إليه، وليس المراد ملة سماوية لئلا يرد النكاح فإن نكاح المجوسي والوثني صحيح ولا ملة لهما سماوية بل المراد الأعم اھ (4/ 249)۔
و في مرقاة المفاتيح شرح مشكاة المصابيح: قال: وأجمع العلماء على أن من خاف من مكالمة أحد وصلته ما يفسد عليه دينه أو يدخل مضرة في دنياه يجوز له مجانبته وبعده، ورب صرم جميل خير من مخالطة تؤذيه. (إلی قوله) فإن هجرة أهل الأهواء والبدع واجبة على مر الأوقات ما لم يظهر منه التوبة والرجوع إلى الحق اھ (8/ 3147)۔
و في الهداية شرح البداية: اعلم أن تصرفات المرتد على أقسام نافذ بالاتفاق كالاستيلاد والطلاق لأنه لا يفتقر إلى حقيقة الملك وتمام الولاية وباطل بالاتفاق كالنكاح والذبيحة لأنه يعتمد الملة ولا ملة له اھ (2/ 167)۔
و في الدر المختار: (ولا) يصلح (أن ينكح مرتد أو مرتدة أحدا) من الناس مطلقا. (3/ 200)۔
و في حاشية ابن عابدين: (قوله مطلقا) أي مسلما أو كافرا أو مرتدا وهو تأكيد لما فهم من النكرة في النفي اھ (3/ 200) ۔