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

I read in a book ( I think reliance of the traveller ) than non arab cannot marry an arab , since arabs are choosen people ,its little confusing please explain .
Kindly refer below our standard reply to similar queries.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

KAFA'AH (SUITABILITY AND COMPATIBILITY) IN NIKAH

A healthy marital life coupled with a good relationship make up the prime
objects of Nikah. That is only possible when natural inclinations and
backgrounds are shared (by both spouses). In the absence of such unity,
living together successfully, despite great effort is indeed difficult, as
attested to by many marital breakdowns due to non-compatibility.

Certain actions and situations elicit different responses from persons of
differing backgrounds and nature. For this reason, the Shari'ah has
considered Kafaa'at (suitability and compatibility) between spouses
necessary.

Kafaa'at in Lineage

Due to the above, the Fuqahaa (Jurists) have stated that among Arabs, a
non-Quraishi male is not a match (Kuf) for a Quraishi woman, nor can any
person of non-Arab descent be a match for a woman of Arab descent.

For example, the Sayyids, whether Siddique or Farooque, Uthmaani or Alawi,
or belonging to some other branch can never be matched by any person not
sharing their lineage, no matter his profession and family status. These
families (Sayyids, etc.) are suitable matches for one another, since they
share descent from the Quraishi tribe. Thus, marriages between themselves
are correct and permitted without any condition as appearing in Darrul
Mukhtaar:

'. And Kafaa'at in lineage. Thus the Quraysh are suitable matches for one
another as are the (other) Arabs suitable matches for one another.'

The ruling relevant to non-Arabs is as follows: 'An Ajmi (non-Arab) cannot
be a match for a woman of Arab descent, no matter that he be an Aalim
(religious scholar) or even a Sultan (ruling authority). This is the correct
view.)

Kafaat in Profession

Among Arabs, Kaf'aat with regards to professions is not considered since
such does not usually form a basis for respectability in their society.
Rather, all professions are regarded equal. A person of a certain profession
does not usually regard another as of lower in status. This is contrary to
the practise of non-Arabs who consider professions as status in their
society. Professions are accorded different levels in status and on this
basis, association of a person of superior profession with another of a
lesser degree is regarded as difficult. It is for this reason the noble
Shari'ah has taken Kafa'aat into consideration in worldly dealings (although
in the sight of Allah, such things are no measure of superiority or
inferiority).

Thus, the Fuqahaa (jurists) have stated that a weaver is not a Kufu' (match)
of a tailor, rather he is inferior nor is a tailor the Kufu' of a cloth
merchant nor a cloth merchant the Kufu' of an Aalim (scholar of Deen) or
Qadhi (judge of an Islamic court). (Darrul Mukhtaar vol.3 pg.90; MH Sa'eed)

The Ruling Regarding Consideration of Kafa'aat Being Necessary

It is the saying of Nabi (Sallallaahu Alayhi Wasallam), 'Listen! Women
should be married off only by their (Shar'ee) guardians (Wali) and their
marriage should take place only with suitable matches.' (Akfaa).'
(Daaraqutni and Bayhaqi)

It is most suitable for a woman's Nikah to be contracted by her Wali (Shar'
ee guardian) - So that she is not deceived due to inexperience and ignorance
and that she remain safe from the destructive reins of desires. Also that
she, as far as possible, be married to a Kufu' (so she remains protected
from the distress and incompatibility of marriage to a non-Kufu')

Nabi (Sallallaahu Alayhi Wasallam) said, 'Oh Ali (Radhiallaahu Anhu)! Never
delay in 3 matters; Salaat - when it's time is nigh; Janaaza - when it is
ready (before you), an unmarried woman - when her Kufu' (suitable partner)
is found.' (Tirmidhi)

Three things should never be delayed without valid Shar'ee excuse: a)
Salaat - when its Mustahabb time has set in. b) Janaaza - When the bier is
ready, and c) an unmarried woman - when a Kufu' is found.

Another saying of Nabi (Sallallaahu Alayhi Wasallam), 'Choose carefully for
your seed. Marry suitable (Akfaa) woman and marry off (your females) to them
(Akfaa).'

Seek suitable women in marriage. Get married to Akfaa and get your females
married off to Akfaa as well (a similar narration comes from Aaisha
(Radhiallaahu Anha)

Is Marriage with a non-Kufu' invalid in all circumstances

The answer to this question is that Nabi (Sallallaahu Alayhi Wasallam) has
advised the Shar'ee guardians of a female to consider her best interests
from all angles. Consideration of Kafaa'at is part of this, and her due
right. Nevertheless, it is right of the guardians as well. Just as a female
may experience shame, incompatibility and disunity by marriage to a non-Kufu
', her guardians also share the same experience. Furthermore, in the case of
disagreement, they are inconvenienced and suffer greatly. Due to this, if a
sane, Baaligh (one who has reached the age of maturity) female marries a
non-Kufu' without the permission of her guardian, according to the adopted
view, the Nikah is void and invalid. (Darrul Mukhtaar and Shaami).

Similarly, if any guardian has the Nikah of a non-Baaligh female performed
with a non-Kufu', it is also void and invalid. However, if the guardian (in
question) is the father or paternal grandfather who marries the non-Baaligh
female to a non-Kufu', the Nikah is valid and binding. The affection and
kindness of a father or grandfather, being as it is, demands that dispensing
with Kafaa'at was not done without consideration of some other greater
benefit. Ill-will is definitely not the reason.

If a sane Baaligh female herself consents to marriage with a non-Kufu', and
her guardians as well, the Nikah will be valid and correct, even though it
is unsuitable in consideration of future benefits (as appears in Hidaaya and
most other reference works).

Reply to One Misconception

This (above) also clarifies the misconception that with regards to
non-Arabs, the Fuqahaa (Jurists) have considered a new Muslim as non-Kufu'
of one who is Qadeemul Islam (old Muslim). By this, it seems that new
Muslims are unable to marry, since they are non-Kufu' to those who are
Qadeemul Islam (old Muslim). The answer is apparent, that there is no
general prohibition in marriage to a non-Kuf', rather the condition is that
both the female as well as her guardian grant her consent. Concerning the
marriage of new Muslims, it should be borne in mind that no shame should be
attached to this. Marriage with them should be done happily and without
reservation.

A Point of Note

One thing should always be borne in mind regarding new Muslim and Nikah. His
adherence to Islam should be clear and his sincerity and firmness upon Islam
should be apparent from his dealings. Until such is not established, it is
not suitable for one to advance or go ahead with the Nikah since this could
lead to problems.

Final Note

Superiority and virtue, worldly or otherwise are always of two kinds.

1) Ikhtiyaar (by choice) - that which a human being can earn or attain by
his own endeavour.

2) Non-Ikhtiyaar (opp of 1) - which is not the outcome of any effort or
endeavour, nor can it be attained by one's own striving.

An intelligent one is he who continues to strive in attaining the first kind
and never loses courage in doing so. Pursuing attainment of the second kind
(non-Ikhtiyaari) is a complete abandonment of intelligence and nothing but a
waste of time.

The purpose of our discussion is to point out that nobility in lineage is
among these non-Ikhtiyaari virtue. This same rule applies here that one so
honoured regard it a divine favour and express gratitude thereof while one
not so blessed, not engage in pursuit of it thinking that such is better for
himself. How can one know whether he will be able to fulfil therights of
such upon attainment thereof?

Therefore, strive and work to attain the Ikhtiyaari, the actual real, virtue
and an everlasting treasure by which one attains a far greater status in the
sight of Allah than those of noble lineage.

Jawaahirul Fiqh vol.2 pg.95; Maktaba Darul Uloom
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