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Race and Tribe in Islam: Difference between revisions
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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)|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)). [...] | separates the couple.”}}{{Quote|{{citation|pages=31-32|author=Nimrod Hurvitz|publisher=Routledge|title=The Formation of Hanbalism|year=2002|ISBN=978-0-415-61641-6}}|['''Imam Ahmad Ibn Hanbal''' was asked] '''‘I have a paternal first cousin who is an Arab. Shall I give her in marriage to a ''mawla'' (i.e., a non-Arab client)?’ [Ibn Hanbal] said, ‘No.’ The man said, ‘But she is sickly (''da’ifa'').’ Ahmad said, ‘Do not give her in marriage (to him).’''' [On another occasion, another man asked Ibn Hanbal] about '''someone who marries off his daughter to a ''mawla''? He (Ibn Hanbal) replied: I would separate them.''' Then he (Ibn Hanbal) said: '''An Arab (married to) an Arab (is) suitable (''kaf’'') and Quraysh (married to) Quraysh (is) suitable (''kaf’'').''' Then he (presumably the interlocuter) asked: '''What would you think if a ''Zangi'' (Negro) married one of the offspring (''walad'') of Fatima [the daughter of Muhammad]? He (Ibn Hanbal) disapproved of it, and said: that is the doctrine of the ''Shu’ubiyya'' [a Persian sect that believed in racial egalitarianism].'''}}{{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.’'''}} | ||