Can a non arab muslim man (ajami) marry an arab muslim girl

Kindly refer below our standard reply to similar queries.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A%0D%0AKAFA'AH (SUITABILITY AND COMPATIBILITY) IN NIKAH%0D%0A%0D%0AA healthy marital life coupled with a good relationship make up the prime%0D%0Aobjects of Nikah. That is only possible when natural inclinations and%0D%0Abackgrounds are shared (by both spouses). In the absence of such unity,%0D%0Aliving together successfully, despite great effort is indeed difficult, as%0D%0Aattested to by many marital breakdowns due to non-compatibility.%0D%0A%0D%0ACertain actions and situations elicit different responses from persons of%0D%0Adiffering backgrounds and nature. For this reason, the Shari'ah has%0D%0Aconsidered Kafaa'at (suitability and compatibility) between spouses%0D%0Anecessary.%0D%0A%0D%0AKafaa'at in Lineage%0D%0A%0D%0ADue to the above, the Fuqahaa (Jurists) have stated that among Arabs, a%0D%0Anon-Quraishi male is not a match (Kuf) for a Quraishi woman, nor can any%0D%0Aperson of non-Arab descent be a match for a woman of Arab descent.%0D%0A%0D%0AFor example, the Sayyids, whether Siddique or Farooque, Uthmaani or Alawi,%0D%0Aor belonging to some other branch can never be matched by any person not%0D%0Asharing their lineage, no matter his profession and family status. These%0D%0Afamilies (Sayyids, etc.) are suitable matches for one another, since they%0D%0Ashare descent from the Quraishi tribe. Thus, marriages between themselves%0D%0Aare correct and permitted without any condition as appearing in Darrul%0D%0AMukhtaar:%0D%0A%0D%0A'. And Kafaa'at in lineage. Thus the Quraysh are suitable matches for one%0D%0Aanother as are the (other) Arabs suitable matches for one another.'%0D%0A%0D%0AThe ruling relevant to non-Arabs is as follows: 'An Ajmi (non-Arab) cannot%0D%0Abe a match for a woman of Arab descent, no matter that he be an Aalim%0D%0A(religious scholar) or even a Sultan (ruling authority). This is the correct%0D%0Aview.)%0D%0A%0D%0AKafaat in Profession%0D%0A%0D%0AAmong Arabs, Kaf'aat with regards to professions is not considered since%0D%0Asuch does not usually form a basis for respectability in their society.%0D%0ARather, all professions are regarded equal. A person of a certain profession%0D%0Adoes not usually regard another as of lower in status. This is contrary to%0D%0Athe practise of non-Arabs who consider professions as status in their%0D%0Asociety. Professions are accorded different levels in status and on this%0D%0Abasis, association of a person of superior profession with another of a%0D%0Alesser degree is regarded as difficult. It is for this reason the noble%0D%0AShari'ah has taken Kafa'aat into consideration in worldly dealings (although%0D%0Ain the sight of Allah, such things are no measure of superiority or%0D%0Ainferiority).%0D%0A%0D%0AThus, the Fuqahaa (jurists) have stated that a weaver is not a Kufu' (match)%0D%0Aof a tailor, rather he is inferior nor is a tailor the Kufu' of a cloth%0D%0Amerchant nor a cloth merchant the Kufu' of an Aalim (scholar of Deen) or%0D%0AQadhi (judge of an Islamic court). (Darrul Mukhtaar vol.3 pg.90; MH Sa'eed)%0D%0A%0D%0AThe Ruling Regarding Consideration of Kafa'aat Being Necessary%0D%0A%0D%0AIt is the saying of Nabi (Sallallaahu Alayhi Wasallam), 'Listen! Women%0D%0Ashould be married off only by their (Shar'ee) guardians (Wali) and their%0D%0Amarriage should take place only with suitable matches.' (Akfaa).'%0D%0A(Daaraqutni and Bayhaqi)%0D%0A%0D%0AIt is most suitable for a woman's Nikah to be contracted by her Wali (Shar'%0D%0Aee guardian) - So that she is not deceived due to inexperience and ignorance%0D%0Aand that she remain safe from the destructive reins of desires. Also that%0D%0Ashe, as far as possible, be married to a Kufu' (so she remains protected%0D%0Afrom the distress and incompatibility of marriage to a non-Kufu')%0D%0A%0D%0ANabi (Sallallaahu Alayhi Wasallam) said, 'Oh Ali (Radhiallaahu Anhu)! Never%0D%0Adelay in 3 matters; Salaat - when it's time is nigh; Janaaza - when it is%0D%0Aready (before you), an unmarried woman - when her Kufu' (suitable partner)%0D%0Ais found.' (Tirmidhi)%0D%0A%0D%0AThree things should never be delayed without valid Shar'ee excuse: a)%0D%0ASalaat - when its Mustahabb time has set in. b) Janaaza - When the bier is%0D%0Aready, and c) an unmarried woman - when a Kufu' is found.%0D%0A%0D%0AAnother saying of Nabi (Sallallaahu Alayhi Wasallam), 'Choose carefully for%0D%0Ayour seed. Marry suitable (Akfaa) woman and marry off (your females) to them%0D%0A(Akfaa).'%0D%0A%0D%0ASeek suitable women in marriage. Get married to Akfaa and get your females%0D%0Amarried off to Akfaa as well (a similar narration comes from Aaisha%0D%0A(Radhiallaahu Anha)%0D%0A%0D%0AIs Marriage with a non-Kufu' invalid in all circumstances%0D%0A%0D%0AThe answer to this question is that Nabi (Sallallaahu Alayhi Wasallam) has%0D%0Aadvised the Shar'ee guardians of a female to consider her best interests%0D%0Afrom all angles. Consideration of Kafaa'at is part of this, and her due%0D%0Aright. Nevertheless, it is right of the guardians as well. Just as a female%0D%0Amay experience shame, incompatibility and disunity by marriage to a non-Kufu%0D%0A', her guardians also share the same experience. Furthermore, in the case of%0D%0Adisagreement, they are inconvenienced and suffer greatly. Due to this, if a%0D%0Asane, Baaligh (one who has reached the age of maturity) female marries a%0D%0Anon-Kufu' without the permission of her guardian, according to the adopted%0D%0Aview, the Nikah is void and invalid. (Darrul Mukhtaar and Shaami).%0D%0A%0D%0ASimilarly, if any guardian has the Nikah of a non-Baaligh female performed%0D%0Awith a non-Kufu', it is also void and invalid. However, if the guardian (in%0D%0Aquestion) is the father or paternal grandfather who marries the non-Baaligh%0D%0Afemale to a non-Kufu', the Nikah is valid and binding. The affection and%0D%0Akindness of a father or grandfather, being as it is, demands that dispensing%0D%0Awith Kafaa'at was not done without consideration of some other greater%0D%0Abenefit. Ill-will is definitely not the reason.%0D%0A%0D%0AIf a sane Baaligh female herself consents to marriage with a non-Kufu', and%0D%0Aher guardians as well, the Nikah will be valid and correct, even though it%0D%0Ais unsuitable in consideration of future benefits (as appears in Hidaaya and%0D%0Amost other reference works).%0D%0A%0D%0AReply to One Misconception%0D%0A%0D%0AThis (above) also clarifies the misconception that with regards to%0D%0Anon-Arabs, the Fuqahaa (Jurists) have considered a new Muslim as non-Kufu'%0D%0Aof one who is Qadeemul Islam (old Muslim). By this, it seems that new%0D%0AMuslims are unable to marry, since they are non-Kufu' to those who are%0D%0AQadeemul Islam (old Muslim). The answer is apparent, that there is no%0D%0Ageneral prohibition in marriage to a non-Kuf', rather the condition is that%0D%0Aboth the female as well as her guardian grant her consent. Concerning the%0D%0Amarriage of new Muslims, it should be borne in mind that no shame should be%0D%0Aattached to this. Marriage with them should be done happily and without%0D%0Areservation.%0D%0A%0D%0AA Point of Note%0D%0A%0D%0AOne thing should always be borne in mind regarding new Muslim and Nikah. His%0D%0Aadherence to Islam should be clear and his sincerity and firmness upon Islam%0D%0Ashould be apparent from his dealings. Until such is not established, it is%0D%0Anot suitable for one to advance or go ahead with the Nikah since this could%0D%0Alead to problems.%0D%0A%0D%0AFinal Note%0D%0A%0D%0ASuperiority and virtue, worldly or otherwise are always of two kinds.%0D%0A%0D%0A1) Ikhtiyaar (by choice) - that which a human being can earn or attain by%0D%0Ahis own endeavour.%0D%0A%0D%0A2) Non-Ikhtiyaar (opp of 1) - which is not the outcome of any effort or%0D%0Aendeavour, nor can it be attained by one's own striving.%0D%0A%0D%0AAn intelligent one is he who continues to strive in attaining the first kind%0D%0Aand never loses courage in doing so. Pursuing attainment of the second kind%0D%0A(non-Ikhtiyaari) is a complete abandonment of intelligence and nothing but a%0D%0Awaste of time.%0D%0A%0D%0AThe purpose of our discussion is to point out that nobility in lineage is%0D%0Aamong these non-Ikhtiyaari virtue. This same rule applies here that one so%0D%0Ahonoured regard it a divine favour and express gratitude thereof while one%0D%0Anot so blessed, not engage in pursuit of it thinking that such is better for%0D%0Ahimself. How can one know whether he will be able to fulfil therights of%0D%0Asuch upon attainment thereof?%0D%0A%0D%0ATherefore, strive and work to attain the Ikhtiyaari, the actual real, virtue%0D%0Aand an everlasting treasure by which one attains a far greater status in the%0D%0Asight of Allah than those of noble lineage.%0D%0A%0D%0AJawaahirul Fiqh vol.2 pg.95; Maktaba Darul Uloom