Fatwa #609722 July 2002South Africa
Is there is anything wrong with marriages within different casts (i.e kokney, surtee)& can parents decline proposals without asking their daughter.
Question
I am 24 and received a proposal from a good muslim boy (twice) which my parents declined without my permission. The boy is surtee and I am kokney. According to them I can only marry within my own cast and it is their right to make a decision without my permission. The boy and I have read istikara and is positive.
Answer
Allah Ta'ala says in the Quran; "And arrange the marriages of those%0D%0Aunmarried among yourselves and among your righteous bondsmen and women"%0D%0A(Noor; 32) This Aayah urges the community to assist an unmarried individual%0D%0Ato marry as soon as possible. On one occasion, Nabi (Sallallaahu Alayhi%0D%0AWasallam) addressed the youth; "Oh Youth!, Whoever among you possess the%0D%0Afinancial ability (to support a wife) should (hasten to) marry, for%0D%0Acertainly it assists in keeping the gaze lowered and in preserving one's%0D%0Achastity..." (Tafseer Ibn Kathir Vol. 3 Pg.383 Darus Salaam).%0D%0A%0D%0AOnce Nabi (Sallallaahu Alayhi Wasallam) said to Ali (Radhiallaahu Anhu); "Oh%0D%0AAli!; Never delay in three matters, Salaat when its time is nigh, Janaazah%0D%0Awhen the bier is ready,and a solitary women when her match is found."%0D%0A(Jawaahirul Fiqh Vol. 2 Pg 95)%0D%0A%0D%0AAll of the above emphasise hastening of marriage since it is a bulwark%0D%0Aagainst sin and temptation. Usually four considerations are given attention%0D%0Awhen seeking a spouse, 1. Wealth, 2. Beauty, 3. Lineage%2F Pedigree, and 4.%0D%0ADeen%0D%0A%0D%0ANabi's (Sallallaahu Alayhi Wasallam) personal advice was to grant most%0D%0Aconsideration to Deen. He also warned against giving consideration to petty%0D%0Athings. Abu Huraira (Radhiallaahu Anhu) narrates that Nabi (Sallallaahu%0D%0AAlayhi Wasallam) said; "When one whose Deen and character satisfies you (for%0D%0Ayour daughters), get him married. If you do not do so, Fitnah (mischief) and%0D%0Agreat Fasaad (corruption) will spraed in the earth." Commentating on this,%0D%0AMullah Ali Qari (r.a) says that by sole consideration of worldy things, such%0D%0Aas wealth and social standing, many would remain unmarried, thus opening the%0D%0Adoor to Zina (and other evils) which in turn leads to illegitimacy, lack of%0D%0Amodesty, morals and chastity etc. (Mirqaat Vol. 6 Pg 192 Ashrafiyyah).%0D%0A%0D%0AAll of these evils have already become rife in todays society. Among the%0D%0Afactors contributing to this state of affairs is the reluctance and refusal%0D%0Ato allow intermarriage between differing language groups, despite the fact%0D%0Athat the cultures supporting these languages differ but slightly nd are%0D%0Amostly dead or dying. In most instances, the newer generations know little%0D%0Aor nothing of their ancestral languages. Although Shari'ah considers%0D%0AKafaa'at(compatibility- See 'Kafaa'at- attached)) in lineage among those of%0D%0AArab descent, the Fuqaha have clearly stated that it does not extend to%0D%0Athose of non-Arab descent. The Shari'ah consider all non-Arab equal with%0D%0Aregard to lineage, no line being superior to another. (Durrul Mukhtaar Vol.%0D%0A3 Pg 8 H.M Saeed). Imaam Maalik (r.a) does not consider Kafaa'at in lineage%0D%0Aat all, not even among those of Arab descent. (Mirqaat Vol. 6 Pg. 192%0D%0AAshrafiyyah).%0D%0A%0D%0AIn the light of current circumstance and disunity of the Muslim Ummah, to%0D%0Ahold rigidly to these self imposed restrictions for reasons other than Deen%0D%0Ais against the spirit of Islam. The esteemed author of Ahsanul Fataawa has%0D%0Ain fact stated that to restrict intermarriage solely for reasons of social%0D%0Astanding and family pride, as mostly appears to be the case nowadays, is not%0D%0Apermissible. (Ahsanul Fataawa Vol. 5 pg 18 H.M Saeed)%0D%0A%0D%0AThe matter of Kafaa'at aside, our ideal is always the Sunnah, the beautiful%0D%0Alifestyle of Nabi (Sallallaahu Alayhi Wasallam), who himself took to wife a%0D%0Anon-Arab, Hadhrat Safiyya (Radhiallaahu Anhu), daughter of the Jewish leader%0D%0AHuyayy bin Aakhtab, and the Sahabah (Radhiallaahu Anhu) who intermarried%0D%0Awith different tribes and peoples. Many of the Muhaajireen, who were%0D%0AQuraishi intermarried with the Ansaar of Medinah. Furthermore, when they%0D%0Aleft the Arabian Peninsular to spread the deen of Allah, they intermarried%0D%0Awith native peoples despite their prerogative that as Arabs, it was%0D%0Aperfectly permissible to have restricted intermarriage. This accounts for%0D%0Athe presence of families of Arab descent in India, Pakistan, North Africa%0D%0Aetc. (Eg. The Sayyids, Alawis, Uthmanis, Farooqis etc.) It was this attitude%0D%0Aof acceptance and equality that established Islam as a Deen free of racial,%0D%0Aculturul and social prejudice and bigotry and contributed to the rapid%0D%0Aspread of Islam. Allah Says; "Oh Mankind!, We created you (all) from dust%0D%0Aand divided you into nations and tribes, that you may recognise one another%0D%0A(not to grant superiority to some over others). Certainly, the most honoured%0D%0Aamong you is he who is most Allah-fearing. Verily, Allah ia All- Knowing,%0D%0AAll- Aware. (Hujuraat).%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Bilaal Cassim%0D%0AFATWA DEPT.%0D%0A%0D%0ACHECKED AND APPROVED: Mufti Ebrahim Desai