Tribalism and Intercession Among Some Tribes
Machine translationRead the Arabic original
Fatwa No. ( 6822 )
Q: Among some tribes, there is a custom they call "al-Jahiyah and al-Zawrah." The essence of it is that a person, for example, desires to marry a woman, so he goes to someone who has status and standing with the woman's guardian and says to him: "Go with me to so-and-so, the guardian of so-and-so." He may choose the tribe's emir to go with him, and indeed the emir, or someone other than the emir, responds to his request. They go to the guardian of the desired woman, and the man who was visited honors his guests, slaughters a sacrificial animal, and then asks them to stand to eat the food he has prepared for them. The emir, for example, says: "I will not eat from your food unless you grant what I came to you for."
The host tries to get them to eat, but they refuse unless the request is granted. The woman's guardian is thus forced to accept their status and marry off his ward against his will. The woman may not be willing, and the husband may not be acceptable in terms of religion and character. This may also be done with a man to have him divorce his wife, and he divorces her while he is attached to her and she is attached to him, but to please the woman's guardian and by the rule of this custom. Is such a matter permissible, and is the intercessor in this manner sinful? I ask that this be clarified with evidence. Knowing that a man who refuses to grant such a request may cause enmity between him and the one who came to him as an intercessor, and they leave his food after he has incurred the cost for them and presented it to them. There have been many problems caused by this custom, and it may happen because of this custom that a man proposes to a woman who has already been proposed to by his brother, and the first suitor refuses if the second suitor comes with someone who has status with the woman's guardian. I ask that you clarify this issue in detail so that it can be presented to those who practice these customs, perhaps they will stop.
A: Intercession is prescribed for a Muslim on behalf of his brother to fulfill his need and help him reach what he seeks, provided there is no sin or harm to others. Al-Bukhari and Muslim narrated from Abu Musa (may Allah be pleased with him) who said: "When a person seeking a need came to the Prophet (peace and blessings be upon him), he would turn to his companions and say:
Sahih al-Bukhari 1432 And if there is harm and sin in the intercession—as mentioned in the question—such as separating a man from his wife, or marrying a woman to someone who is not her equal in religion, or without her consent, or proposing to a woman who has already been proposed to, as mentioned in the question—then it is not permissible, and whoever intercedes in that is sinful. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: Among some tribes, there is a custom they call "al-Jahiyah and al-Zawrah." The essence of it is that a person, for example, desires to marry a woman, so he goes to someone who has status and standing with the woman's guardian and says to him: "Go with me to so-and-so, the guardian of so-and-so." He may choose the tribe's emir to go with him, and indeed the emir, or someone other than the emir, responds to his request. They go to the guardian of the desired woman, and the man who was visited honors his guests, slaughters a sacrificial animal, and then asks them to stand to eat the food he has prepared for them. The emir, for example, says: "I will not eat from your food unless you grant what I came to you for."
The host tries to get them to eat, but they refuse unless the request is granted. The woman's guardian is thus forced to accept their status and marry off his ward against his will. The woman may not be willing, and the husband may not be acceptable in terms of religion and character. This may also be done with a man to have him divorce his wife, and he divorces her while he is attached to her and she is attached to him, but to please the woman's guardian and by the rule of this custom. Is such a matter permissible, and is the intercessor in this manner sinful? I ask that this be clarified with evidence. Knowing that a man who refuses to grant such a request may cause enmity between him and the one who came to him as an intercessor, and they leave his food after he has incurred the cost for them and presented it to them. There have been many problems caused by this custom, and it may happen because of this custom that a man proposes to a woman who has already been proposed to by his brother, and the first suitor refuses if the second suitor comes with someone who has status with the woman's guardian. I ask that you clarify this issue in detail so that it can be presented to those who practice these customs, perhaps they will stop.
A: Intercession is prescribed for a Muslim on behalf of his brother to fulfill his need and help him reach what he seeks, provided there is no sin or harm to others. Al-Bukhari and Muslim narrated from Abu Musa (may Allah be pleased with him) who said: "When a person seeking a need came to the Prophet (peace and blessings be upon him), he would turn to his companions and say:
Help and recommend him and you will receive the reward for it; and Allah will bring about what He will through His Prophet's tongue.
اشفعوا تؤجروا، ويقضي الله على لسان نبيه صلى الله عليه وسلم ما شاء
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.