Is there is anything wrong with marriages within different casts (i.e kokney, surtee)& can parents decline proposals without asking their daughter.

Allah Ta'ala says in the Quran; "And arrange the marriages of those unmarried among yourselves and among your righteous bondsmen and women" (Noor; 32) This Aayah urges the community to assist an unmarried individual to marry as soon as possible. On one occasion, Nabi (Sallallaahu Alayhi Wasallam) addressed the youth; "Oh Youth!, Whoever among you possess the financial ability (to support a wife) should (hasten to) marry, for certainly it assists in keeping the gaze lowered and in preserving one's chastity..." (Tafseer Ibn Kathir Vol. 3 Pg.383 Darus Salaam).

Once Nabi (Sallallaahu Alayhi Wasallam) said to Ali (Radhiallaahu Anhu); "Oh Ali!; Never delay in three matters, Salaat when its time is nigh, Janaazah when the bier is ready,and a solitary women when her match is found." (Jawaahirul Fiqh Vol. 2 Pg 95)

All of the above emphasise hastening of marriage since it is a bulwark against sin and temptation. Usually four considerations are given attention when seeking a spouse, 1. Wealth, 2. Beauty, 3. Lineage/ Pedigree, and 4. Deen

Nabi's (Sallallaahu Alayhi Wasallam) personal advice was to grant most consideration to Deen. He also warned against giving consideration to petty things. Abu Huraira (Radhiallaahu Anhu) narrates that Nabi (Sallallaahu Alayhi Wasallam) said; "When one whose Deen and character satisfies you (for your daughters), get him married. If you do not do so, Fitnah (mischief) and great Fasaad (corruption) will spraed in the earth." Commentating on this, Mullah Ali Qari (r.a) says that by sole consideration of worldy things, such as wealth and social standing, many would remain unmarried, thus opening the door to Zina (and other evils) which in turn leads to illegitimacy, lack of modesty, morals and chastity etc. (Mirqaat Vol. 6 Pg 192 Ashrafiyyah).

All of these evils have already become rife in todays society. Among the factors contributing to this state of affairs is the reluctance and refusal to allow intermarriage between differing language groups, despite the fact that the cultures supporting these languages differ but slightly nd are mostly dead or dying. In most instances, the newer generations know little or nothing of their ancestral languages. Although Shari'ah considers Kafaa'at(compatibility- See 'Kafaa'at- attached)) in lineage among those of Arab descent, the Fuqaha have clearly stated that it does not extend to those of non-Arab descent. The Shari'ah consider all non-Arab equal with regard to lineage, no line being superior to another. (Durrul Mukhtaar Vol. 3 Pg 8 H.M Saeed). Imaam Maalik (r.a) does not consider Kafaa'at in lineage at all, not even among those of Arab descent. (Mirqaat Vol. 6 Pg. 192 Ashrafiyyah).

In the light of current circumstance and disunity of the Muslim Ummah, to hold rigidly to these self imposed restrictions for reasons other than Deen is against the spirit of Islam. The esteemed author of Ahsanul Fataawa has in fact stated that to restrict intermarriage solely for reasons of social standing and family pride, as mostly appears to be the case nowadays, is not permissible. (Ahsanul Fataawa Vol. 5 pg 18 H.M Saeed)

The matter of Kafaa'at aside, our ideal is always the Sunnah, the beautiful lifestyle of Nabi (Sallallaahu Alayhi Wasallam), who himself took to wife a non-Arab, Hadhrat Safiyya (Radhiallaahu Anhu), daughter of the Jewish leader Huyayy bin Aakhtab, and the Sahabah (Radhiallaahu Anhu) who intermarried with different tribes and peoples. Many of the Muhaajireen, who were Quraishi intermarried with the Ansaar of Medinah. Furthermore, when they left the Arabian Peninsular to spread the deen of Allah, they intermarried with native peoples despite their prerogative that as Arabs, it was perfectly permissible to have restricted intermarriage. This accounts for the presence of families of Arab descent in India, Pakistan, North Africa etc. (Eg. The Sayyids, Alawis, Uthmanis, Farooqis etc.) It was this attitude of acceptance and equality that established Islam as a Deen free of racial, culturul and social prejudice and bigotry and contributed to the rapid spread of Islam. Allah Says; "Oh Mankind!, We created you (all) from dust and divided you into nations and tribes, that you may recognise one another (not to grant superiority to some over others). Certainly, the most honoured among you is he who is most Allah-fearing. Verily, Allah ia All- Knowing, All- Aware. (Hujuraat).

and Allah Ta'ala Knows Best

Mufti Bilaal Cassim
FATWA DEPT.

CHECKED AND APPROVED: Mufti Ebrahim Desai