Monday 27 Zil-Qada 1435, 22 September 2014
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The Shariah in regards to Kufu/Kafa'ah PDF Print E-mail
Fiqh and Masaail

Question: 

I would however like to state that my intention was never to disregard nor argue the Shariah in regards to Kufu/Kafa'ah. I am just trying to understand hence my question. Please forgive me if I have caused you any troubles by asking that question. As you have graciously answered my question from every which angle and posed questions of your own, Insh'Allah I will attempt to answer those with the minute knowledge that Allah has blessed me with. Without doubt, I am sure you are familiar with the ayat in which I was referring to as to the superiority of a particular race. But when I read the laws of nikkah, I was enamoured because at the onset, it appeared to be bigoted as to the allowance of denial of nikkah to a different race. As you clearly stated, each situation has its own issuance of ruling. I am sure you are also aware that there are many happily married cross-cultured marriages in this world thus when I read that nikkah can be denied based on race and/or culture was troubling to say the least. The reasoning for this troublesome is that I am a white American revert that was once a salafi then became hanafi. It is said that 85-87% of Muslims in this world are hanafis in which the vast majority are of a Asian descent primarily Indian or Pakistani. By stating this, as a white American, this just pretty much sealed the possibility of nikkah with a sister who is of these races. I am fully aware that it is permissible to marry a sister of a different madhab but I prefer a Deobandi-Hanafi sister. I use the word sealed in a general outlook as Allah Decrees who I shall marry or if I shall marry at all. Before I became Muslim, I had a dream of a Muslim sister that I was standing next to in my parents home that was not white hence my apprehension. I do not wish to keep you any longer as I really appreciate and have a better understanding of the issue as you have so graciously explained to me..Jazak'Allahu Khayr


Answer:

Islam is the Sacrosanct and Immutable Shariah of Allah Ta’ala. The Divine Code of the Shariah was revealed over fourteen hundred years ago for the eternal prosperity of entire mankind. The Laws of this Deen were not man-made ordinances designed to placate a certain community or to favour a certain race or tribe whilst discriminating against another. In His infinite wisdom Allah Azza Wa Jall declared the laws and injunctions of His Sacred System for the Believers. He is Al-Hakeem – The All-Wise. How can it ever be entertained that any of the Divine Laws of the Shariah lack wisdom and discriminate against certain races and sects?  As Muslims we should not suffer from an inferior complex and seek to introduce the practices of the kuffaar and of other religions into our Deen. Allah Ta’ala states with emphasis: “Whoever seeks a Deen other than Islam, it will never be accepted from him and he will be a loser in the Aakhirat.” Seeking to change even a single explicit law of Islam is tantamount to seeking the change of Islam.

Today the desire of the modernists and those enamoured by the customs and cults of aliens is to change the Law of Kufu/Kafa’ah. Tomorrow it will be their desire to have the Law of the male inheriting double the amount of a female expunged from the Shariah. Then their satanic desire – being goaded all along by Shaitaan in his nefarious scheme of interpolating this Deen of Islam – will be to have a parliamentary or senate style government and vote for a Non-Quraishi as the Khalifah. But these interpolations in the Deen are doomed to fail as Allah Ta’ala has Himself taken the responsibility to protect the Divine Shariah – the Final and Immutable Shariah of Islam – safeguarded from the wild and base desires of the modernists.

Ignorance of the teachings and system of operation of the Deen lead to the juhhaal (ignoramuses) arguing for the western corrupted interpretation of equality and non-discrimination. People who are not even aware of the basic rules of purifying themselves in the lavatory clamour for what they – Na’uthubillah – perceive as partiality and discrimination in certain laws of Islam. These are the munaafiqoon masquerading as Muslim who from time to time call for the abrogation of this tenet of Islam and that tenet of the Deen. The Ulama-e-Haq in all ages have resolutely defended the Pure Shariah from the whims and fancies of these munaafiqoon who wish to see the Shariah of Islam battered beyond recognition just as the Shariahs of Nabi Moosa and Nabi Iesa (Alaihimas Salaam) were battered beyond recognition and hardly a semblance of the Revealed Shariah of those Ummahs exist today. But in so far as the Shariah of Islam is concerned Rasoolullah (Sallallahu alaihi wa sallam) said: “This Ilm (of the Shariah) will be borne by the righteous of every successive generation. They (the Ulama-e-Haq) will drive away from it (i.e. from the Shariah) the interpolations of the deviates, the falsehood of the false-mongers and the interpretation of the ignoramuses.”

Brother! Which Aayat of the Qur’aan-e-Kareem are you referring to and what exactly do you understand from the Aayat? From whence did you glean your commentary of the supposed Aayat. Your reference to the Aayat is too vague for us to comment.

Furthermore, according to whose standard do you define the concepts of tribalism and racism? Is democracy what the west define as democracy? Is justice what the west define as justice? Is racism what the west define as racism? Muslims of today who are schooled by their western masters to think and act as their western masters dictate are prone to fall victim of scepticism and even outright rejection of the Teachings of Islam because of their indoctrination in western kuffaar values. Since they do not understand the Deen of Allah Ta’ala and have not practised according the Shariah of Islam they are therefore perennially trapped in doubt and denial of the Sacred Teachings of Islam. Whenever they are faced with a problem they wish to strike off a teaching of the Deen thinking that deleting a certain ruling of the Shariah will be salubrious to their worldly existence. This is a sure sign of Qiyaamah as prophesied by Rasoolullah (Sallallahu alaihi wa sallam).

The so-called “large surge of muslims” you refer to is the call of the ignoramuses and those whose ties with Islam are very slack. In fact, they desire to release themselves from the Divine Shariah and out rightly reject Islam due to their thinking having been colonized by western kuffaar persuasion and education. They, however, fear the murtad epithet that will hang around their necks and the backlash from their Muslim family and friends. Subtly they, therefore, target their disenchantment to the Teachings of Islam. They therefore express their dissatisfaction at the Masaail of the Deen and call on the Ulama to abrogate this and that mas-alah.

People are not entering the fold of Islam only in these times. In all ages people entered the fold of Islam. We believe that the protest of these people is unjustified. Their intransigent call for the abrogation of the Mas-alah of Kafa’ah is unfounded. There are millions of Muslims all over the world who realize the wisdom in the teaching of Kufu in marriage. Then there are many who have suffered for ignoring this teaching. A Law of Islam cannot be repealed on the basis of discontentment by some on chat sites and social networking sites.

The Qur’aan explicitly declares that we have been created in different tribes and races. Allah Ta’ala declares: “And We have made you into nations and tribes so that you be recognized.” Who then is there to deny this Divine Scheme of distinguishing mankind with nations, races and ethnic affiliations?

Nikaah is not a temporary relationship designed for just satisfying carnal lust. It is a holy bond designed to engender endearing love and harmony between husband and wife for the sake of procreation and caring for the needs of the other party. For harmony there has to be compatibility. And compatibility is generally in striking up a bond with someone whose ways, looks, character and lifestyle agrees with one’s own. This is normally found in people of the same culture and race.

Whilst cross-culture marriages are permissible they generally produce many upheavals, and difficult challenges which the spouses cannot bear and this ultimately leads to the breakdown of the Sacred Nikaah bond. Islam has provided the simple and lasting solution of Kufu in marriage. Marrying within one’s own race and culture creates infinitely less complications and leads to greater harmony between the husband and wife. Denial of this fact is akin to denying the midday sun.

But this does not mean that the door for cross-culture marriage is completely closed in Islam. Every situation has a solution in Islam. The critics of the Kafa’ah position of Islam are walking the wrong avenue. They should consult with The Ulama-e-Haq. Their ranting on social websites will not avail them and put their misery and predicament to rest. They have to incumbently turn to reliable Ulama and Scholars of the Deen. If they are sincere, solutions will be provided for each individual situation.

Secondly, these people hardly make Du’aa and turn to their Creator, Allah Ta’ala in earnest. Instead of beseeching Allah Ta’ala Who knows fully what is best for them they complain on the web. On the basis of those enamoured by western values an ordinance of the Shariah cannot be assailed and abrogated. Let those who are in predicaments in marriage explain their positions to the Upholders of the Shariah. Verily Allah Ta’ala creates a way out for the Muttaqeen. He declares so in His Glorious Qur’aan. This is our Imaan; our Belief. And peace be upon those who follow the guidance of Islam.