Is kinship by lineage a condition for marriage?
Machine translationRead the Arabic original
The questioner : This question says: Honorable Shaykh, peace be upon you, and Allah's mercy and blessings.
The Shaykh : Peace be upon you.
The questioner : Is kinship by lineage a condition for marriage? Please give us a ruling. He says: I mean what is commonly said, such as "this is my Qabuli" and "this is my Khudiri."
The Shaykh : Yes, the kinship that must be considered is what the Messenger of Allah (peace and blessings be upon him) mentioned in his statement: "When there comes to you one whose religion and character you are pleased with, marry him."[Al-Anfal 8:73] This kinship is based on religion and character. As for lineage, the scholars have differed on it. Some made it a condition for validity, some made it a condition for bindingness, and some said it is not a condition for either bindingness or validity, and this is the correct view.
But we must know that the disagreement in this matter is regarding a woman of a specific lineage marrying someone who is not of that lineage. That is, if a woman of the Qabul tribe marries a man who is not Qabuli, that is where the disagreement lies. As for the reverse, where a Qabuli man marries a woman who is not Qabuli, there is no disagreement on its permissibility and no issue with it.
Among the general public now, both matters are considered the same, meaning a Qabuli man marrying a non-Qabuli woman, and a Qabuli woman marrying a non-Qabuli man, are considered the same by the general public. This is not the case with the scholars. The disagreement among the scholars is regarding a Qabuli woman marrying a non-Qabuli man. So this is the disagreement you referred to. As for a Qabuli man marrying a non-Qabuli woman, no one objects to it or opposes it, as far as we know. But the stronger and correct view is that lineage is not considered, and that the whole criterion is religion and character, as the Prophet (peace and blessings be upon him) commanded. If a man marries a woman who is not of his lineage while he is of a specific lineage, there is no harm in that, and no one objects to it. Likewise, the reverse, if a non-Qabuli man marries a Qabuli woman, there is no harm in that, and no one has the right to object to it. You. You. Yes.
The Shaykh : Peace be upon you.
The questioner : Is kinship by lineage a condition for marriage? Please give us a ruling. He says: I mean what is commonly said, such as "this is my Qabuli" and "this is my Khudiri."
The Shaykh : Yes, the kinship that must be considered is what the Messenger of Allah (peace and blessings be upon him) mentioned in his statement: "When there comes to you one whose religion and character you are pleased with, marry him."
If you do not do so, there will be fitnah on earth and great corruption.
إِلَّا تَفْعَلُوهُ تَكُن فِتْنَةٌ فِي الْأَرْضِ وَفَسَادٌ كَبِيرٌBut we must know that the disagreement in this matter is regarding a woman of a specific lineage marrying someone who is not of that lineage. That is, if a woman of the Qabul tribe marries a man who is not Qabuli, that is where the disagreement lies. As for the reverse, where a Qabuli man marries a woman who is not Qabuli, there is no disagreement on its permissibility and no issue with it.
Among the general public now, both matters are considered the same, meaning a Qabuli man marrying a non-Qabuli woman, and a Qabuli woman marrying a non-Qabuli man, are considered the same by the general public. This is not the case with the scholars. The disagreement among the scholars is regarding a Qabuli woman marrying a non-Qabuli man. So this is the disagreement you referred to. As for a Qabuli man marrying a non-Qabuli woman, no one objects to it or opposes it, as far as we know. But the stronger and correct view is that lineage is not considered, and that the whole criterion is religion and character, as the Prophet (peace and blessings be upon him) commanded. If a man marries a woman who is not of his lineage while he is of a specific lineage, there is no harm in that, and no one objects to it. Likewise, the reverse, if a non-Qabuli man marries a Qabuli woman, there is no harm in that, and no one has the right to object to it. You. You. Yes.
Source
لقاء مفتوح ببريدة - 2 — archive.org (39:36)
The Arabic text is a machine transcription of the audio recording.