الفرق بين المراجعتين لصفحة: «القرآن والحديث والعلماء: العنصرية»

[مراجعة منقحة][مراجعة منقحة]
سطر ٨٢: سطر ٨٢:
The Prophet (صلى الله عليه وسلم) said, '''(The people of) Aslam, Ghifar and some people of Muzaina and Juhaina''' or said (some people of Juhaina or Muzaina) '''are better with Allah''' or said (on the Day of resurrection) '''than the tribe of Asad, Tamim, Hawazin and Ghatafan'''.}}{{Quote|{{Al Tirmidhi||6|46|3911}}|Narrated Abu Usaid As-Sa'idi: that the Messenger of Allah (صلى الله عليه وسلم) said: "'''The Best houses of the Ansar are the houses of Banu An-Najjar, then the house of Banu 'Abdul-Ashhal, then Banu Al-Harith bin Al-Khazraj, then Banu Sa'idah.''' And in all of the houses of the Ansar there is good." So Sa'd said: "I do not see except that the Prophet (صلى الله عليه وسلم) has preferred everyone over us." So it was said: "He preferred you over many."<br>Grade: Sahih (Darussalam)}}{{Quote|{{Al Tirmidhi||6|46|3935}}|Narrated Abu Hurairah: that the Messenger of Allah (صلى الله عليه وسلم) said: "'''The people of Yemen''' have come to you. They '''are weaker in heart and softer in understanding, faith is Yemeni and wisdom is Yemeni.'''" <br>Grade: Hasan (Darussalam)}}{{Quote|{{Al Tirmidhi||6|46|3838}}|Narrated Abu Hurairah: "The Prophet (صلى الله عليه وسلم) said to me: 'Who are you from?' I said: 'From Daws.' He said: ''''I did not think there was anyone from Daws in whom there was good.''''" <br>Grade: Hasan (Darussalam)}}
The Prophet (صلى الله عليه وسلم) said, '''(The people of) Aslam, Ghifar and some people of Muzaina and Juhaina''' or said (some people of Juhaina or Muzaina) '''are better with Allah''' or said (on the Day of resurrection) '''than the tribe of Asad, Tamim, Hawazin and Ghatafan'''.}}{{Quote|{{Al Tirmidhi||6|46|3911}}|Narrated Abu Usaid As-Sa'idi: that the Messenger of Allah (صلى الله عليه وسلم) said: "'''The Best houses of the Ansar are the houses of Banu An-Najjar, then the house of Banu 'Abdul-Ashhal, then Banu Al-Harith bin Al-Khazraj, then Banu Sa'idah.''' And in all of the houses of the Ansar there is good." So Sa'd said: "I do not see except that the Prophet (صلى الله عليه وسلم) has preferred everyone over us." So it was said: "He preferred you over many."<br>Grade: Sahih (Darussalam)}}{{Quote|{{Al Tirmidhi||6|46|3935}}|Narrated Abu Hurairah: that the Messenger of Allah (صلى الله عليه وسلم) said: "'''The people of Yemen''' have come to you. They '''are weaker in heart and softer in understanding, faith is Yemeni and wisdom is Yemeni.'''" <br>Grade: Hasan (Darussalam)}}{{Quote|{{Al Tirmidhi||6|46|3838}}|Narrated Abu Hurairah: "The Prophet (صلى الله عليه وسلم) said to me: 'Who are you from?' I said: 'From Daws.' He said: ''''I did not think there was anyone from Daws in whom there was good.''''" <br>Grade: Hasan (Darussalam)}}


==Race and Tribe in Islamic law==
==العنصر والقبيلة في الشريعة الإسلامية==


===''Kafa'ah'' ("equivalence") in marriage<ref name=":0">{{Citation|title=Encyclopaedia of Islam|publisher=E.J. Brill|volume=4 IRAN-KHA|editor1=E. van Donzel|editor2=B. Lewis|editor3=Ch. Pellat|editor4=C.E. Bosworth|edition=New Edition [2nd]|location=Leiden|chapter=Kafa'a|publication-date=1997|isbn=90 04 05745 5|page=404}}</ref>===
===''Kafa'ah'' ("equivalence") in marriage<ref name=":0">{{Citation|title=Encyclopaedia of Islam|publisher=E.J. Brill|volume=4 IRAN-KHA|editor1=E. van Donzel|editor2=B. Lewis|editor3=Ch. Pellat|editor4=C.E. Bosworth|edition=New Edition [2nd]|location=Leiden|chapter=Kafa'a|publication-date=1997|isbn=90 04 05745 5|page=404}}</ref>===


====Companions' views====
====آراء الأصحاب====
{{Quote|{{citation|publisher=al-Maktaba al-Shamila|title=Musannaf|author=Abd al-Razzaq al-Sanani|url=https://app.turath.io/book/13174|volume=6|page=152|chapter=Bab al-Akfa|trans_chapter=Chapter of Equivalence, no. 10324}}; translated in {{citation|author=Susan A. Spectorsky|title=Women in Classical Islamic Law|publisher=Brill|page=75|ISBN=978 90 04 17435 1|year=2010}}|'''‘Umar b. al-Khatṭāb said: “We forbid the private parts of noble women ̣to anyone except their equals.”'''}}
{{Quote|{{citation|publisher=al-Maktaba al-Shamila|title=Musannaf|author=Abd al-Razzaq al-Sanani|url=https://app.turath.io/book/13174|volume=6|page=152|chapter=Bab al-Akfa|trans_chapter=Chapter of Equivalence, no. 10324}}; translated in {{citation|author=Susan A. Spectorsky|title=Women in Classical Islamic Law|publisher=Brill|page=75|ISBN=978 90 04 17435 1|year=2010}}|'''‘Umar b. al-Khatṭāb said: “We forbid the private parts of noble women ̣to anyone except their equals.”'''}}


====Salaf's views====
====آراء السلف====
{{Quote|{{citation|author=Abu Bakr ibn Abi Shaybah|title=Musannaf|volume=4|page=52|url=https://app.turath.io/book/9944|publisher=al-Maktaba al-Shamila|chapter=What was said regarding equivalence in marriage, no. 17701}}; translated in {{citation|author=Susan A. Spectorsky|title=Women in Classical Islamic Law|publisher=Brill|page=75|ISBN=978 90 04 17435 1|year=2010}}|Kathīr b. Salt said: '''“A mawlā of ours who married an Arab woman was brought before the Caliph, ʿUmar b. ʿAbd al-ʿAzīz … and he said, ʿAbū Kathīr’s mawlā has overstepped his limits.’”'''}}
{{Quote|{{citation|author=Abu Bakr ibn Abi Shaybah|title=Musannaf|volume=4|page=52|url=https://app.turath.io/book/9944|publisher=al-Maktaba al-Shamila|chapter=What was said regarding equivalence in marriage, no. 17701}}; translated in {{citation|author=Susan A. Spectorsky|title=Women in Classical Islamic Law|publisher=Brill|page=75|ISBN=978 90 04 17435 1|year=2010}}|Kathīr b. Salt said: '''“A mawlā of ours who married an Arab woman was brought before the Caliph, ʿUmar b. ʿAbd al-ʿAzīz … and he said, ʿAbū Kathīr’s mawlā has overstepped his limits.’”'''}}


====Classical views====
====الآراء الكلاسيكية====
{{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|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)). [...]
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)). [...]
سطر ٩٨: سطر ٩٨:
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.’‎'''}}


====Modern views====
====الآراء الحديثة====
{{Quote|{{citation|author=Mohammed Tosir Miah|publisher=Darul Ifta Birmingham|url=https://islamqa.org/hanafi/daruliftaa-birmingham/19909|archiveurl=https://web.archive.org/web/20201111222936/https://islamqa.org/hanafi/daruliftaa-birmingham/19909|chapter=Fatwah 19909 (Hanafi Fiqh): Kafaah in Marriage}}|The 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. The Sayyids 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 Durrul Mukhtar:
{{Quote|{{citation|author=Mohammed Tosir Miah|publisher=Darul Ifta Birmingham|url=https://islamqa.org/hanafi/daruliftaa-birmingham/19909|archiveurl=https://web.archive.org/web/20201111222936/https://islamqa.org/hanafi/daruliftaa-birmingham/19909|chapter=Fatwah 19909 (Hanafi Fiqh): Kafaah in Marriage}}|The 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. The Sayyids 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 Durrul Mukhtar:


سطر ١٠٥: سطر ١٠٥:
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)'''‘. (Raddul Muhtar p.209 v.4)}}{{Quote|{{citation|author=Mufti Muhammad ibn Adam|location=Leicester|publisher=Darul Ifta|chapter=Fatwa 8559 (Hanafi Fiqh): Marriage Within One’s Caste|url=https://islamqa.org/hanafi/daruliftaa/8559| archiveurl=https://web.archive.org/web/20210111205740/https://islamqa.org/hanafi/daruliftaa/8559}}|It should be remarked here that '''all non-Arabs are considered a suitable match to each other (and for Arabs without a known and established lineage to one of the original Arab tribes, which is rare, as mentioned by Ibn Abidin) from a fiqhi ["jurisprudential" or "legal"] aspect'''. It could be so that a boy/girl from a different background altogether is a suitable match, rather than your cousin brother or sister. Students of sacred knowledge have a lot in common and it would be advisable to marry a fellow student from a different caste rather than your first cousin who doesn’t even have a clue what you are studying.}}
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)'''‘. (Raddul Muhtar p.209 v.4)}}{{Quote|{{citation|author=Mufti Muhammad ibn Adam|location=Leicester|publisher=Darul Ifta|chapter=Fatwa 8559 (Hanafi Fiqh): Marriage Within One’s Caste|url=https://islamqa.org/hanafi/daruliftaa/8559| archiveurl=https://web.archive.org/web/20210111205740/https://islamqa.org/hanafi/daruliftaa/8559}}|It should be remarked here that '''all non-Arabs are considered a suitable match to each other (and for Arabs without a known and established lineage to one of the original Arab tribes, which is rare, as mentioned by Ibn Abidin) from a fiqhi ["jurisprudential" or "legal"] aspect'''. It could be so that a boy/girl from a different background altogether is a suitable match, rather than your cousin brother or sister. Students of sacred knowledge have a lot in common and it would be advisable to marry a fellow student from a different caste rather than your first cousin who doesn’t even have a clue what you are studying.}}


===Racial misidentification===
===جرم الخطأ المتعمد بالتعريف العنصري===


====Imam Malik====
====الإمام مالك====
{{Quote|{{citation|author=Imam Malik|author2=Sahnun|author3=Ibn al-Qasim|title=al-Mudawwana|publisher=al-Maktaba al-Shamila|chapter=The book of the hudud with regards to adultery and slander|volume=4|pages=497-502|url=https://app.turath.io/book/587}}|‎'''Chapter: Regarding he who ascribed to an Arab or non-Arab the kinship of other than ‎his own people''' […]‎
{{Quote|{{citation|author=Imam Malik|author2=Sahnun|author3=Ibn al-Qasim|title=al-Mudawwana|publisher=al-Maktaba al-Shamila|chapter=The book of the hudud with regards to adultery and slander|volume=4|pages=497-502|url=https://app.turath.io/book/587}}|‎'''Chapter: Regarding he who ascribed to an Arab or non-Arab the kinship of other than ‎his own people''' […]‎


سطر ١٥٣: سطر ١٥٣:
He said: There is no hadd upon his [the revert’s] slanderer [i.e. the criminal].‎
He said: There is no hadd upon his [the revert’s] slanderer [i.e. the criminal].‎
He, Ibn al-Qasim, said: If he [the criminal] slandered him, and then he [the criminal] left ‎Islam, or if he [the criminal] slandered him while he [the criminal] was an apostate ‎‎[''murtad''], then the hadd would be implemented against him [the criminal] while he ‎‎[the criminal] was an apostate – and if he [the criminal] repented [i.e. returned to Islam], ‎then the hadd would be implemented against him [the criminal] just as well. And if ‎someone [being a criminal] slandered him [the victim] while he [the victim] was an ‎apostate, and then he [the victim] repented, then there would be no hadd upon him [the ‎criminal]. And if someone [being a criminal] slandered him [the victim] before he [the ‎victim] apostatized, and then he [the victim] apostatized, then there is no hadd upon the ‎slanderer [i.e. the criminal] if he [the victim] repents [i.e. returns to Islam] – and indeed ‎this is similar to the case of a man who was slandered with [the accusation of] ''zina'' ‎‎[fornication/adultery] but was not taken thus for the hadd [i.e. not punished or ‎prosecuted] until he [the victim] [actually] committed ''zina'' [fornication/adultery], for ‎then [also] there is no hadd upon whoever slandered him.‎}}{{Quote|{{citation|title=al-Shifa bi-ta'rif huquq al-Mustafa|author=Qadi Iyad|publisher=al-Maktaba al-Shamila|url=https://app.turath.io/book/1753|volume=2|page=217, 234}}; translated in {{citation|editor=Aisha Abdarrahman Bewley|Publisher=Madinah Press Inverness|location=Scotland|year=2004|title=Ash-Shifa of Qadi 'Iyad|pages=375, 387|url=https://archive.org/details/MuhammadMessengerOfAllahAshShifaOfQadiIyad}}|[Qadi Iyad repeats this twice:] Ahmad b. Abi Sulayman, '''the companion of Sahnun, said, 'Anyone who says that the Prophet was black (''aswad'') should be killed.''''}}
He, Ibn al-Qasim, said: If he [the criminal] slandered him, and then he [the criminal] left ‎Islam, or if he [the criminal] slandered him while he [the criminal] was an apostate ‎‎[''murtad''], then the hadd would be implemented against him [the criminal] while he ‎‎[the criminal] was an apostate – and if he [the criminal] repented [i.e. returned to Islam], ‎then the hadd would be implemented against him [the criminal] just as well. And if ‎someone [being a criminal] slandered him [the victim] while he [the victim] was an ‎apostate, and then he [the victim] repented, then there would be no hadd upon him [the ‎criminal]. And if someone [being a criminal] slandered him [the victim] before he [the ‎victim] apostatized, and then he [the victim] apostatized, then there is no hadd upon the ‎slanderer [i.e. the criminal] if he [the victim] repents [i.e. returns to Islam] – and indeed ‎this is similar to the case of a man who was slandered with [the accusation of] ''zina'' ‎‎[fornication/adultery] but was not taken thus for the hadd [i.e. not punished or ‎prosecuted] until he [the victim] [actually] committed ''zina'' [fornication/adultery], for ‎then [also] there is no hadd upon whoever slandered him.‎}}{{Quote|{{citation|title=al-Shifa bi-ta'rif huquq al-Mustafa|author=Qadi Iyad|publisher=al-Maktaba al-Shamila|url=https://app.turath.io/book/1753|volume=2|page=217, 234}}; translated in {{citation|editor=Aisha Abdarrahman Bewley|Publisher=Madinah Press Inverness|location=Scotland|year=2004|title=Ash-Shifa of Qadi 'Iyad|pages=375, 387|url=https://archive.org/details/MuhammadMessengerOfAllahAshShifaOfQadiIyad}}|[Qadi Iyad repeats this twice:] Ahmad b. Abi Sulayman, '''the companion of Sahnun, said, 'Anyone who says that the Prophet was black (''aswad'') should be killed.''''}}
==Race and Tribe in Islamic doctrine==
==Race and Tribe in Islamic doctrine==


Editor، محررون، recentchangescleanup
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