A healthy marital life coupled with a good
relationship make up the prime objects of Nikah. That is only
possible when natural inclinations and backgrounds are shared
(by both spouses). In the absence of such unity, living
together successfully, despite great effort is indeed
difficult, as attested to by many marital breakdowns due to
non-compatibility.
Certain actions
and situations elicit different responses from persons of
differing backgrounds and nature. For this reason, the
Shari’ah has considered Kafaa’at (suitability and
compatibility) between spouses necessary.
Kafaa’at in Lineage
Due to the above,
the Fuqahaa (Jurists) have stated that among Arabs, a non-Quraishi
male is not a match (Kuf) for a Quraishi woman, nor can any
person of non-Arab descent be a match for a woman of Arab
descent.
For example, the
Sayyids, whether Siddique or Farooque, Uthmaani or Alawi, or
belonging to some other branch can never be matched by any
person not sharing their lineage, no matter his profession and
family status. These families (Sayyids, etc.) are suitable
matches for one another, since they share descent from the
Quraishi tribe. Thus, marriages between themselves are correct
and permitted without any condition as appearing in Darrul
Mukhtaar:
‘… And
Kafaa’at in lineage. Thus the Quraysh are suitable matches
for one another as are the (other) Arabs suitable matches
for one another.’
The ruling
relevant to non-Arabs is as follows: ‘An Ajmi (non-Arab)
cannot be a match for a woman of Arab descent, no matter that
he be an Aalim (religious scholar) or even a Sultan (ruling
authority). This is the correct view.)
Kafaat in Profession
Among Arabs,
Kaf’aat with regards to professions is not considered since
such does not usually form a basis for respectability in their
society. Rather, all professions are regarded equal. A person
of a certain profession does not usually regard another as of
lower in status. This is contrary to the practise of non-Arabs
who consider professions as status in their society.
Professions are accorded different levels in status and on
this basis, association of a person of superior profession
with another of a lesser degree is regarded as difficult. It
is for this reason the noble Shari’ah has taken Kafa’aat
into consideration in worldly dealings (although in the sight
of Allah, such things are no measure of superiority or
inferiority).
Thus, the Fuqahaa
(jurists) have stated that a weaver is not a Kufu’ (match)
of a tailor, rather he is inferior nor is a tailor the Kufu’
of a cloth merchant nor a cloth merchant the Kufu’ of an
Aalim (scholar of Deen) or Qadhi (judge of an Islamic court).
(Darrul Mukhtaar vol.3 pg.90; MH Sa’eed)
The Ruling Regarding Consideration of Kafa’aat Being
Necessary
It is the saying
of Nabi (Sallallaahu
Alayhi Wasallam), ‘Listen! Women should be married off
only by their (Shar’ee) guardians (Wali) and their marriage
should take place only with suitable matches.’ (Akfaa).’ (Daaraqutni
and Bayhaqi)
It is most
suitable for a woman’s Nikah to be contracted by her Wali (Shar’ee
guardian) – So that she is not deceived due to inexperience
and ignorance and that she remain safe from the destructive
reins of desires. Also that she, as far as possible, be
married to a Kufu’ (so she remains protected from the
distress and incompatibility of marriage to a non-Kufu’)
Nabi (Sallallaahu
Alayhi Wasallam) said, ‘Oh Ali (Radhiallaahu
Anhu)! Never delay in 3 matters; Salaat – when it’s
time is nigh; Janaaza – when it is ready (before you), an
unmarried woman – when her Kufu’ (suitable partner) is
found.’ (Tirmidhi)
Three things
should never be delayed without valid Shar’ee excuse: a)
Salaat – when its Mustahabb time has set in. b) Janaaza –
When the bier is ready, and c) an unmarried woman – when a
Kufu’ is found.
Another saying of
Nabi (Sallallaahu Alayhi
Wasallam), ‘Choose carefully for your seed. Marry
suitable (Akfaa) woman and marry off (your females) to them (Akfaa).’
Seek suitable
women in marriage. Get married to Akfaa and get your females
married off to Akfaa as well (a similar narration comes from
Aaisha (Radhiallaahu
Anha)
Is Marriage with a non-Kufu’ invalid in all
circumstances
The answer to
this question is that Nabi (Sallallaahu
Alayhi Wasallam) has advised the Shar’ee guardians of a
female to consider her best interests from all angles.
Consideration of Kafaa’at is part of this, and her due
right. Nevertheless, it is right of the guardians as well.
Just as a female may experience shame, incompatibility and
disunity by marriage to a non-Kufu’, her guardians also
share the same experience. Furthermore, in the case of
disagreement, they are inconvenienced and suffer greatly. Due
to this, if a sane, Baaligh (one who has reached the age of
maturity) female marries a non-Kufu’ without the permission
of her guardian, according to the adopted view, the Nikah is
void and invalid. (Darrul Mukhtaar and Shaami).
Similarly, if any
guardian has the Nikah of a non-Baaligh female performed with
a non-Kufu’, it is also void and invalid. However, if the
guardian (in question) is the father or paternal grandfather
who marries the non-Baaligh female to a non-Kufu’, the Nikah
is valid and binding. The affection and kindness of a father
or grandfather, being as it is, demands that dispensing with
Kafaa’at was not done without consideration of some other
greater benefit. Ill-will is definitely not the reason.
If a sane Baaligh
female herself consents to marriage with a non-Kufu’, and
her guardians as well, the Nikah will be valid and correct,
even though it is unsuitable in consideration of future
benefits (as appears in Hidaaya and most other reference
works).
Reply to One Misconception
This (above) also
clarifies the misconception that with regards to non-Arabs,
the Fuqahaa (Jurists) have considered a new Muslim as non-Kufu’
of one who is Qadeemul Islam (old Muslim). By this, it seems
that new Muslims are unable to marry, since they are non-Kufu’
to those who are Qadeemul Islam (old Muslim). The answer is
apparent, that there is no general prohibition in marriage to
a non-Kuf’, rather the condition is that both the female as
well as her guardian grant her consent. Concerning the
marriage of new Muslims, it should be borne in mind that no
shame should be attached to this. Marriage with them should be
done happily and without reservation.
A Point of Note
One thing should
always be borne in mind regarding new Muslim and Nikah. His
adherence to Islam should be clear and his sincerity and
firmness upon Islam should be apparent from his dealings.
Until such is not established, it is not suitable for one to
advance or go ahead with the Nikah since this could lead to
problems.
Final Note
Superiority and
virtue, worldly or otherwise are always of two kinds.
1) Ikhtiyaar (by
choice) – that which a human being can earn or attain by his
own endeavour.
2) Non-Ikhtiyaar
(opp of 1) – which is not the outcome of any effort or
endeavour, nor can it be attained by one’s own striving.
An intelligent
one is he who continues to strive in attaining the first kind
and never loses courage in doing so. Pursuing attainment of
the second kind (non-Ikhtiyaari) is a complete abandonment of
intelligence and nothing but a waste of time.
The purpose of
our discussion is to point out that nobility in lineage is
among these non-Ikhtiyaari virtue. This same rule applies here
that one so honoured regard it a divine favour and express
gratitude thereof while one not so blessed, not engage in
pursuit of it thinking that such is better for himself. How
can one know whether he will be able to fulfil therights of
such upon attainment thereof?
Therefore, strive
and work to attain the Ikhtiyaari, the actual real, virtue and
an everlasting treasure by which one attains a far greater
status in the sight of Allah than those of noble lineage.
Jawaahirul
Fiqh vol.2 pg.95; Maktaba Darul Uloom
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