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Race and Tribe in Islam: Difference between revisions
→Racial Kafa'ah ("equivalence") in marriage[1]
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====Classical views==== | ====Classical views==== | ||
{{Quote|{{citation|author=Susan A. Spectorsky|title=Women in Classical Islamic Law|publisher=Brill|pages=77-78|ISBN=978 90 04 17435 1|year=2010}}|In his ''Athar'', Shaybani quotes the first tradition above [“The Quraysh are each other’s equals, and the Arabs are each other’s equals. Among the non-Arabs, whoever has two Muslim parents or grandparents are each other’s equal.”] approvingly and adds that '''if a woman ''does'' marry a man who is not her [racial and/or tribal] equal, and her ''wali'' [legal male guardian] brings the matter to the qadi [Islamic judge], the qadi ought to separate the couple.''' . . . Shaybani also notes that '''Abu Ḥanifa agrees''' that the ''qadi'' | {{Quote|{{citation|author=Susan A. Spectorsky|title=Women in Classical Islamic Law|publisher=Brill|pages=77-78|ISBN=978 90 04 17435 1|year=2010}}|In his ''Athar'', Shaybani quotes the first tradition above [“The Quraysh are each other’s equals, and the Arabs are each other’s equals. Among the non-Arabs, whoever has two Muslim parents or grandparents are each other’s equal.”] approvingly and adds that '''if a woman ''does'' marry a man who is not her [racial and/or tribal] equal, and her ''wali'' [legal male guardian] brings the matter to the qadi [Islamic judge], the qadi ought to separate the couple.''' . . . Shaybani also notes that '''Abu Ḥanifa agrees''' that the ''qadi'' | ||
separates the couple.”}}{{Quote|{{citation|author=Ahmad ibn Naqib al-Misri|title=Reliance of the Traveler|page=523|url=http://www.catheyallison.com/Reliance_of_the_Traveller.pdf|edition=Revised Edition|publisher=Amana Publications|translator=Nuh Ha Mim Keller|location=Beltsville|chapter=m4.0 A Suitable Match (Kafa'a)}}|'''If the bride selects a suitor who is not a suitable match for her, the guardian [''wali''; male legal guardian] is not obliged to marry her to him.''' If she selects a suitable match but her guardian chooses a different suitor who is also a suitable match, then the man chosen by the guardian takes precedence if the guardian is one who may lawfully compel her to marry (def: m3.13(1)), while the one she selects takes precedence when the guardian may not lawfully compel her to marry (m3.13(2)). [...] | separates the couple.”}}{{Quote|{{citation|author=Ahmad ibn Naqib al-Misri|title=Reliance of the Traveler|page=523|url=http://www.catheyallison.com/Reliance_of_the_Traveller.pdf|edition=Revised Edition|publisher=Amana Publications|translator=Nuh Ha Mim Keller|location=Beltsville|chapter=m4.0 A Suitable Match (Kafa'a)|year=1997|ISBN=978 0 915957 72 9}}|'''If the bride selects a suitor who is not a suitable match for her, the guardian [''wali''; male legal guardian] is not obliged to marry her to him.''' If she selects a suitable match but her guardian chooses a different suitor who is also a suitable match, then the man chosen by the guardian takes precedence if the guardian is one who may lawfully compel her to marry (def: m3.13(1)), while the one she selects takes precedence when the guardian may not lawfully compel her to marry (m3.13(2)). [...] | ||
m4.2 '''The following are not suitable matched for one another: (1) a non-Arab man for an Arab woman (O: because of the hadith that the Prophet (Allah bless him and give him peace) said, ‘Allah has chosen the Arabs above others.’'''}} | m4.2 '''The following are not suitable matched for one another: (1) a non-Arab man for an Arab woman (O: because of the hadith that the Prophet (Allah bless him and give him peace) said, ‘Allah has chosen the Arabs above others.’'''}} | ||