Salam bro. what do you mean with unless the laws favor Islam?
If there were to be a divorce and children are involved the secular courts would usually give parental custody to the mother which would be a disbeliever in this case we are talking about. In Islam, the disbelieving mother would never get custody because the upbringing of the children in Islam is the priority. Now I will quote from the book, The Biography of Umar Ibn Al-Khattab by Dr. Ali Muhammad As-Sallabi on why Umar r.a. would forbid the Sahaba to marry the women of the People of the Book and its explanation, In sha Allah.
When Umar found out that the famouscompanion Hudhaifah ibn Al-Yaman married a Jewish woman, he wrote tohim the following, simple message: "allow her to leave you bydivorcing her." Hudhaifah wrote back, "do you claim that mymarriage to her is unlawful so that I have to part ways with her?"Umar replied, "I do not claim that your marriage to her isunlawful; nonetheless, I fear that you Muslims will marry women amongthem who fornicate." According to another narration, Umar wrote,"verily, I fear that you will abandon Muslim women by notmarrying them in instead marry loose women from among Jews andChristians." (Refer to Ashaab Ar-Rasool [1/110], by MahmoodAl-Misri and to Mahd As-Sawaab [1/376] )
Commenting on the issue in question,Abu Zuhrah said, "here we must affirm the fact that the bestthing a Muslim man can do is marry a Muslim woman, since they will becompatible partners in every possible way. Umar would forbid Muslimmen from marrying women of the book for important and validreasons-such as… The desire to unite the hearts of Muslims (by notleaving Muslim women to waste away without husbands)…"
In the Noble Quran, Allah Azza wa Jalmade it clear that it is better for a Muslim man to marry a believingwoman than a female polytheist, even if the former is a slave, andeven if the latter is attractive and is a free woman.
“And do not marry the idolatressesuntil they believe. And indeed a slave woman who believes is betterthan a free idolatress, even though she pleases you. And give notyour daughters in marriage to the polytheists till they believe inAllah alone and verily a believing slave is better than a freeidolater even though he pleases you. Those polytheists invite you tothe fire, but Allah invites you to paradise and forgiveness by hisleave, and makes his ayat clear to mankind that they may remember."(2:221)
In this verse, Allah forbade Muslim menfrom marrying non-Muslim women. If a Muslim man wants to marry apolytheist woman, he may not marry her with the expectation that shewill one day embrace Islam; instead she must first embrace Islambefore he can marry her. For a Muslim man, a Muslim wife who is aslave and who is not all that attractive is better than a woman whois a polytheists but who is nonetheless wealthy, beautiful, andhonored among her people. Similarly, Allah forbade Muslim women frommarrying non-Muslim men, even if for instance, a potential non-Muslimsuitor for marriage is better looking, wealthier, and more esteemedamong his people then another suitor who is a Muslim.
But now we come to the crucial point ofthis section: if marrying polytheists is forbidden based on theabove-mentioned verse, then for a Muslim man to marry a woman of theBook is lawful based on the following verse:
“Lawful to you in marriage are chastewomen from the believers and chaste women from those who were giventhe Scripture before your time." (5:5)
The previous verse contains a generalruling; this verse limits the scope of that ruling, a view that ischampioned by the majority of scholars. Nonetheless, the samemajority of scholars still maintain that it is better for Muslim mento marry Muslim women.
In general, therefore, it ispermissible for Muslim men to marry women of the Book. This issue,however is not so simple. For if a man marries a woman of the Book,and if that marriage likely entails harm for him, his children, orsociety, then he may not marry her. This is a view that has beenchampioned by some contemporary scholars, scholars whose view in thematter was held centuries earlier by Umar ibn Al-Khattab r.a. Thus,Umar was the first to forbid Muslim men from marrying women of thebook and he based his view on two reasons: 1. The widespread marryingof women of the book would leave many available eligible Muslim womenwithout husbands thus dooming them to a life of spinster hood. 2. Awomen of the Book will corrupt the morals and religion of Muslimchildren.
These reasons alone are enough toforbid the said kind of marriage. But if we look at the complicatedproblems of life today, we would find numerous other newly developedreasons that make it even more obvious that-at least in thesetimes-it is forbidden for a Muslim man to marry a woman of the Book.Prof. Jameel Muhammad Mubarak mentioned a number of those reasons, afew of which in summary are as follows:
- With the Internet and satellite television, non-Muslims already have a strong influence on Muslim countries. If many men in Muslim lands were to marry women of the book, that influence would increase, and more and more Muslim children-with one of their parents being a Muslim, and the other a Jew or Christian-would become confused about their true identity in religion.
- Muslims at the time of the Prophet s.a.a.w. were strong in their faith, and the laws of Islam were applied throughout Muslim lands. Therefore, a non-Muslim woman, even if she was married to a Muslim man, would have had little or no influence on the goings on of society. But as matters stand right now, too many Muslims are ignorant about their religion, and the laws of Islam are not applied in Muslim lands therefore, if the average Muslim were to marry a Jew or a Christian, he probably knowing very little about Islam, would easily be influenced by his wife, and would under her influence possibly even convert to her religion. This is not a far-fetched idea; in fact, it happens very frequently in non-Muslim countries. There are numerous examples of Muslim men settling down in a non-Muslim country, marrying a non-Muslim woman, and converting to her religion. And if he does not convert, then his children likely will for children are, for the most part, more attached to their mothers and they are their fathers.
These reasons make it clear that, atleast in our times, it is not permissible for Muslim men to marrywomen of the Book.
Umar weighed the good of the individualagainst the greater good of the nation; and in this case, Umar deemedthe latter to be more important. If any nation is dominated by asingle religion that governs every aspect of people's lives, thatnation will be harmed if it's male population imports foreign womenof different religion, marrying them instead of women at home whohave in common with them the same language, culture, and mostimportantly, religion. Marrying women of a different religion willdefinitely have a negative impact on society, regardless of whetherthat impact is intentional or not. That is why Umar set limits on therights of Muslim men to marry women of the Book.
It seems that Umar set those limits forMuslims in general, but more so for those Muslims who held importantpositions in the Muslim government. If such men married women of thebook, their marriages would potentially represent a serious nationalsecurity threat. A woman, after all, comes to know many, if not all,of her husband's secrets.
In almost all cases, it is not a goodidea for Muslim men to marry women of the Book. Most such women willremain upon their religion, never tasting the sweetness of faith; andas a result of that, they can never truly be loyal to their husbands. There will always remain a risk between a Muslim man in his Jewishor Christian wife. If they do not fight about theological issues, shewill at the very least turn him away from his religion to somedegree, whining about him going to the masjid five times a day;complaining about his beard; finding fault with his Muslim friends;arguing about how boring it is not being able to drink alcoholtogether, to go sunbathing at the public beach, to listen to musictogether-and the list goes on and on. And even if the husband somehowmanages to maintain his faith, there is the question of the children:what Jewish or Christian woman today would allow her children to beraised as a Muslim without at least putting up a fight. If there areany such women, they are few and far between. And in most countries,if a husband and wife get divorced, the wife gets custody of thechildren, and therefore has the ability to make her children followher religion. Umar understood the nature of people, and he realizedthat due to certain conditions at the time, it was not wise to allowMuslim men to marry women of the book. Those reasons, to be sure, areamplified in augmented today.” End Quote
To summarize, the permissibility isthere in the Quran but there are restrictions and factors that haveto be considered. And Allah Knows Best.