By: Allama Mohammed Shihabuddin Nadvi
Rendered into English: Aneesur Rahman Nadvi

The conduct of Prophet Mohammed PBUH
After these explanations from Qur’an and Hadith, if we look at the conduct of the Holy Prophet (PBUH) and look at his Sunnah, the reality of the situation becomes very clear. The Prophet (PBUH) arranged the marriage of his cousin Zainab bint Jahash (RA) (who was the granddaughter of Abdul Muttalib and a member of the Hashemi family) to break the tradition of “lineage and ancestry” with Zaid bin Haritha, who was not only his freed slave (Mawla) (whom he later adopted as his son) but also he was neither a Hashmi nor a Qurayshi. Although he was of Arabic origin(22), but the relationship between the two could not be settled and soon divorced. After that, Zainab (RA) got married to the Holy Prophet (PBUH) himself. This incident is mentioned in the Quran itself.

It should be noted that in the days of ignorance Jahiliyyah, the status of the adopted son was like that of the real son, and the wife of the adopted son was considered as the real daughter-in-law. So Islam took this step to break this false ritual as stated in the Qur’an:

فَلَمَّا قَضَى زَيْدٌ مِنْھَا وَطَراً زَوَّجْنکَھَا لِکَى لاَ يَکُوْنُ عَلى المُؤْمِنِيْنَ حَرَجٌ فِى اَزْوَاجِ اَدْعِيَاءِھِمْ اِذَا قَضَوْ مِنْھُمْ وَطَراً، وَکَانَ اَمْرُاللّہِ مَفْعُولاً۔

“So when Zaid fulfilled his desire for her (Zainab) then we gave her into your marriage, so that there may not be a sin on the believers regarding the wives of their adopted sons when they meet their desires for them. And Allah’s command is bound to be fulfilled.” (Qur’an:33:37)

The Holy Qur’an also declares that adopting someone does not make him his own son. Therefore, the lineage of such people will be attributed to their real fathers:

اُدْعُوْھُمْ لِابَاءِھِمْ ھُوَ اَقْسَطُ عِنْدَ اللّہِ۔

“Call (their adopted sons) by the names of their fathers. That is fairer in the sight of Allah.” (Qur’an:33:5)

There are many lessons and insights for us in this case of Zaid (RA).

Then after this incident, Zaid bin Haritha got married into some other noble families of Quraish. For example, he married Umm Kulsum bint Aqaba, then Dara bint Abu Lahab bin Abdul Muttalib and then Hind bint Awam (sister of Zubair bin Awwam RA).(23)

Similarly, the Prophet (PBUH) had married Usama ibn Zayd, son of Zayd ibn Harithah (RA) to a woman of Quraish, Fatima bint Qais (RA), although he had received messages of marriage from two Quraish men. It is mentioned in Sahih Muslim and Jami al-Tirmidhi that Abu Jahm ibn Huzaifah (RA) and Mu’awiyah ibn Abu Sufyan (RA) sent marriage proposals to Fatima bint Qais (RA). Being from Quraish, they were suitable and equal people for her. On the contrary, the Prophet (PBUH) advised her to marry Usama bin Zayd (RA), so the two got married.(24) Although Osama was the son of his freed slave and a non-Quraishi. This shows that there is exists no condition of equality of lineage or family of partners for marriage.

As far as the profession is concerned, this is not harmful at all. With the condition of morality and piety, it too can be accepted to a great extent. As it has been explained, the real issue in this regard is mutual consent. Relationships with any professional can be established if both parties are agreed and satisfied. Therefore, the following hadith could be a proof in this regard:

عن ابى ھريرة ان ابا ھند حجم النبى صلى اللہ عليه وسلم فى اليافوخ، فقال النبى صلى اللہ عليه وسلم: يا بنى بياضة! انکحو أبا ھند وانکحو إليه۔ وقال: وان کان فى شيء مما تداوون به خير
فالحجامة۔

“Abu Hurairah (RA) narrated that Abu Hind cupped the Prophet (PBUH) in his fontanelle (the middle of head). The Prophet (PBUH) said: O Banu Bayadah, marry Abu Hind (in your tribe), and ask him to marry (his daughter) to you. Then he said: The best thing by which you treat yourself is cupping.”(25)

The actual meaning of hijama is cupping, which was the custom in ancient times. The one who used to cup was called a hajam (cupper). It has to do with healing and treatment. But in Urdu, hajam means barber, which is totally different from hajam in Arabic.

Banu Bayada was an Ansari tribe, and Abu Hind (RA) whose real name was Salim, was a moula (freed slave) of the same tribe;(26) Therefore, the Prophet (PBUH) did not attach any importance to such occupations and urged the people of the above-mentioned tribe not to despise a cupper, and moreover he was also a moula (freed slave), since it was considered a disgrace for the Arabs to have a marital relationship with a freed slave. He also clarified that cupping is not an inferior profession but medically a respected profession. As far as the piety of Abu Hind (Salim) is concerned, his praise is mentioned in another hadith which is as follows:

من سرہ ان ينظر الى من صور اللہ الايمان فى قلبه، فلينظر الى ابى ھند.

“Whoever is happy to see a person whose heart has been adorned with faith by Allah, then he should look at Abu Hind (Salim).”(27)

Imam Bukhari’s Argument
Moreover, Imam Bukhari (RA) has setup a chapter in this regard under the title ‘Al Akiffa fi al-deen’ that is, there should be equality in religion. The hadiths he has mentioned in this chapter prove that family and lineage is not more reliable than religion. Therefore, according to these hadiths, the famous Badri Companion Abu Huzaifah bin Utbah (RA) had given his niece Hind bint Walid bin Utbah (a Quraysh woman) in marriage to a freed slave named Salim, whom he later adopted as his son. Similarly, Zubaba bint Zubair bin Abdul Muttalib (a Qurayshi woman) cousin of the Holy Prophet Mohammed (PBUH) was married to Miqdad bin Aswad (RA), who was not a Qurayshi, but according to one opinion he was an Abyssinian freed slave whom Aswad was adopted as his son.(28)

Imam Bukhari has also quoted this hadith as a final say in this regard: “The Messenger of Allah (PBUH) said: A woman is married for four reasons: Because of her wealth, because of her family, because of her beauty, and because of her piety. So choose a pious woman.”(29)

There are more examples of this kind in the life of the Companions. For example, Bilal (RA) was married to Abdul Rahman bin Awf’s sister Hala (RA), although Bilal was an Abyssinian. Similarly, Umar (RA) had proposed his daughter Hafsa (RA) to Salman Farsi (RA) for marriage before she got married to the Holy Prophet (PBUH).

Imam Nasa’i has setup a chapter in his book in this regard titled: Tazawujul Mawla al-Arabia. That is, marrying a freed slave (mawla) to an Arab woman. He has stated in this chapter that the Prophet (PBUH) married Fatima bint Qais (RA) to Usamah bin Zayd, and Badri companion Huzaifah (RA) married his niece to a freed slave (Salim), who was also his adopted son.(29)

The general opinion of jurists
In a nutshell, in order for a woman to marry a man, scholars generally believe that the person with whom the marriage is intended must be equal to the woman in four things: (1) Religion (2) Freedom (3) Lineage (4) and profession. Some have even considered being free from physical defects and well-being to be equally important.(22)

It is true only with regard to men’s choice and selection. Otherwise, women can marry better people than herself. In that case the guardians of the woman have no right to object. Imam Sarkhasi (RA) writes:

وإذا تزوجت المرأة رجلا خيرا منھا فليس للولى ان يفرق بينھما لان الکفاءة غير مطلوبة من جانب النساء۔ فان الولى لا يتعير بان يکون تحت الرجل من لاتکافئه.

“If a woman marries a man better than her, the guardian does not have the right to differentiate between them, because competence is not required on the part of women. The guardian is not to be blamed for being under the man who is not equal to her.”(33)

Therefore, according to the scholars who have considered lineage to be valid, a person of higher rank can marry a woman of inferior rank. But marrying a superior woman to an inferior person is considered a defect. However, this is the doctrine of the common jurists or the majority of scholars which may be valid only in certain special cases. Otherwise, the general law will be the same which is fully evident from the Qur’an, Hadith and the practice of the Companions.(34)

Can a non-Arab scholar be a peer of an Arab woman?
It is generally stated in the books of Hanafi jurisprudence that a non-Arab man cannot be a kufu (peer) of an Arab woman, even if he is a scholar or ruler of the time. But in the most famous and authoritative book of Hanafi jurisprudence, Rad-ul-Mukhtar, it is mentioned that a non-Arab scholar can be equal to an Alawite woman. In the same way, a poor scholar can be a peer for an ignorant rich man (Arabic), because the virtue of knowledge is greater than the virtue of lineage. For this reason, it has been said that the status of Ayesha (RA) is higher than that of Fatima Al-Zahra (RA), because Ayesha (RA) had a very high level of knowledge.

قالوا الحسيب يکون کفؤا للنسيب۔ فالعالم العجمى يکون کفؤا للجاهل العربى والعلوية، لأن شرف العلم فوق شرف النسب۔ وارتضاہ فى فتح القدير ……… وذکر الخير الرملى من مجمع الفتاوى
العالم يکون کفوء للعلوية لأن شرف الحسب أقوى من شرف النسب۔ وعن ھذا قيل أن عائشة أفضل من فاطمة، لأن لعائشة شرف العلم.(35)

From this point of view, the real honor and virtue for man and the true criterion is knowledge and piety. The one who excels in this attribute cannot be compared to anything else in the world. Therefore, the virtue of knowledge and scholars in the Qur’an and Hadith is unmatched by anything else. Thus, on one occasion, as a question, the virtue of the scholars has been highlighted in the Holy Qur’an in this way:

قُلْ ھَلْ يَسْتَوِى الَّذِيْنَ يَعْلَمُوْنَ وَالَّذِيْنَ لاَ يَعْلَمُوْنَ۔

“Say (O Mohammed), “Can those who know be equal to those who do not know?” (Quran:39:9)
(to be cont.)

References:
22- His lineage connects with that of Imra al-Qais. See Al-Tabqat Al-Kubra by Ibn Saad, 3/40, Dar Sadir, Beirut, 1405 AH. Also Al-Isaba by Ibn Hajar, 1/31, Beirut. This incident of the marriage of Zayd ibn Haritha (RA) is also found in Sunan Dar Qutni 3/301 and Sunan Al-Kubra Bayhaqi 7/136.
23- See Al-Isaba by Hafiz Ibn Hajar: 1/564, Dar Al-Ahya Al-Tarath Al-Arabi.
24- See Sahih Muslim, Kitab al-Talaq, 2/1114, Jami al-Tirmidhi, Kitab al-Nikah, 3/441, also Sunan Al-Kubra Bayhaqi, 2/3 And Sunan Nasai, 6/63 and 74.
25- Abu Dawud, Book of Marriage, 2/579; Mustadrak Hakim, 2/164; Al Sunan al-Kubra, Baihaqi, 7L136; Sunan Dar al-Qutni, 3/300; Sahih Ibn Hibban, 7/147; Bulughul Maram by Hafiz Bin Hajar, p. 209, Darul Fikr. Imam Hakim has confirmed authenticity of this hadith according to the condition of Imam Muslim (RA). And Hafiz Ibn Hajar has clarified that its sanad (line of narrators) is strong. And described its asnad as Hasan in Talkhees.
26- See Sharh Abu Daud by Imam Khattabi, 2/580; Also Bazl-ul-Majhood by Maulana Khalil Ahmad Saharabpuri, 10/114, Makkah al-Mukarrama.
27- Sunan Dar Qutni, 3/300, Cairo.
28- For details, see Fateh al-Bari by Hafiz Ibn Hajar, 9/133-135; Umdatul Qari, by Allama Aini, 20/84-85; Also Al-Sunan Al-Kubra, 7/137 and Sunan Nasai, 6/63-64, Dar Al-Kitab Al-Arabi, Beirut.
29- Sahih Bukhari, Kitab al-Nikah, 6/123.
30- See Bulug al-Maram, footnotes, p. 29.
31- Sunan Nisai, Kitab al-Nikah, 6/63.
32- See Sharh al-Khattabi, quoted from Abu Dawud, Kitab al-Nikah, 2/580.
33- Al-Mabsoot, by Sarkhasi, 5/29, Karachi, 1407 AH/1984 AD.
34- Whatever the writer has written on this subject is his personal opinion in the light of arguments of Qur’an and Hadith.
35- Rad-ul-Muhtar (Fatawa Shamia,) by Allama Ibn Abideen, 2/350, Quetta.