Competence in Lineage Between the Two Spouses
Machine translationRead the Arabic original
Question:
Honorable Shaykh, does the competence between spouses mentioned in the books of Islamic jurisprudence include what is common among some of the general public today, such as saying, "This one is from the Hudayr tribe," and "This one is from the Qabail tribe"?
Answer:
No, this is... yes, some of them consider lineage to be part of competence. However, it is permissible by the Shari'ah, but it is not obligatory. If a man from the Qabail tribe marries a woman from a different tribe, or vice versa, this marriage is valid and permissible by the Shari'ah. But who has the option? The one who does not desire it has the option to annul it to remove the harm from him, as we have previously mentioned to you regarding the marriage to a sorceress: it is permissible, but the option belongs to the one who did not consent to it.
Honorable Shaykh, does the competence between spouses mentioned in the books of Islamic jurisprudence include what is common among some of the general public today, such as saying, "This one is from the Hudayr tribe," and "This one is from the Qabail tribe"?
Answer:
No, this is... yes, some of them consider lineage to be part of competence. However, it is permissible by the Shari'ah, but it is not obligatory. If a man from the Qabail tribe marries a woman from a different tribe, or vice versa, this marriage is valid and permissible by the Shari'ah. But who has the option? The one who does not desire it has the option to annul it to remove the harm from him, as we have previously mentioned to you regarding the marriage to a sorceress: it is permissible, but the option belongs to the one who did not consent to it.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الرجعة، وباب الإيلاء والظهار والكفارة — islamhouse.com (1:18:50)
The Arabic text is a machine transcription of the audio recording.