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Muslim Principles of Marrying Al-Kitabiyyah and It Practice in Malawi

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Muslim Principles of Marrying Al-Kitabiyyah and It Practice in Malawi MUSLIM PRINCIPLES OF MARRYING AL-KITABIYYAH and its practice in Malawi by All Yusuf Andiseni DISSERTATION submitted in fulfilment of requirements for the degree MASTER OF ARTS in Islamic Studies in the FACULTY OF ARTS at the RAND AFRIKAANS UNIVERSITY April 1997 Supervisors: Prof ARI Doi Prof JFJ van Rensburg i Declaration I declare that Muslim Principles of Marrying Al- Kitabiyyah and its practice in Malawi is my own work and that all the sources which I have used or quoted have been indicated and acknowledged by appropriate references. Ali Yu-'f Andiseni ii Dedication This thesis is dedicated to my mother whose life style was an, inspiration to me since I was young. She instilled the value of Education and the illumination of Islam within me. This produced the energy and strength within myself to undertake this Research. Unfortunately she did not live long enough to see the fruits of her efforts. May Allah grant her an elevated stage in Paradise. iii Acknowledgements All praise due to Allah who enabled me to pursue my post graduate studies and bestowed upon me the ability to complete this thesis. Firstly, I am deeply indebted to Professor lAbd al-Rabman I. Doi, my supervisor and constant guide for sacrificing his time in guiding me with invaluable suggestions and advices while preparing this thesis. Had I riot constantly worked in the shadow of his guidance and close direction, this thesis would not have reached the desired level of quality. I am equally thankful to Professor JFJ van Rensburg, my co- supervisor, who provided me with invaluable guidance on how to collect the source-material for my thesis, which books were the best to be consulted, and where they were to be located. I am also grateful to Professor J.A. Naude, for his valuable advice and personal interest in my study. iv Special thanks should go to my associate brothers, also undertaking their respective researches: Br. S.I. Omar, Br. I.S. Muhammad and Ml. Khalid Dhorat, for their valuable ideas as far as the structure of the thesis, developing of ideas and the grammatical aspects are concerned. A word of thanks should also go to Ml. Muhammad Ashraf Dockrat for his constant encouragement and interest in my work. The following brothers have been generous and supportive of my endeavours: Ml. Mobeen Cassim, Ml. Michael Mumisa and Ml. Abdullah Jeena. I would be failing in my duty if I were to ignore the support given by my parents, relatives, wife and child. Being away from home and my family, I wish to record my deepest appreciation to my wife, Rasheedah, and child, Fand, for.their moral support, patience, and tolerance throughout the period I spent while conducting this research in a foreign country. v I take this opportunity to thank them once again for their thoughtful appreciation. May Allah reward them all for their contributions. Ali Yusuf Andiseni vi ABSTRACT Mankind today lives in a predominantly heterogeneous and metropolitan society. At all stages of life, social, political, spiritual, there is constantly a diffusion of cultures, ideas and beliefs. South Africa until 1994 was the only example of a country where the broader ethnic groups were separated from each other. Besides this country, all other countries are exposed to this amalgamation and inter-action with each other on a daily basis. Although a mixed society augers well for the propagation and easy penetration of Islam within the populace, it also has its drawbacks. Allah says: 0 mankind! We created you from a single (pair)of a male and a female, and made you into nations and tribes, that you may know each other (not that you may despise each other). Verily, the most honoured of you in the sight of Allah is (he who is) the most righteous of you. 1 1 Qur'an 49:13 vii Upon pondering the deeper meaning of the above verse, Allah has prescribed Taqw& (piety and righteousness) as a means of solving any problem resulting from the interaction of different tribes, races, and nations which could be at times a terribly irreconcilable one. The significant number of Muslims in any given society and especially Malawian Muslim society are ignorant of the Muslim Principles of marrying Al-Kitabiyyah (Woman of the Book). That is why we notice an irretrievable breakdown of many families whose husband happen to be a Muslim and the wife is a Kitabiyyah. This type of marriage has caused, and is still causing many problems to the social life of the Malawian Muslims. Children of these families do not enjoy that status of being under the loving care of both their mothers and fathers because their marriages does not last long. It is from this perspective that "Muslim Principles of marrying Al-Kitabiyyah" was chosen to give right direction for those who wants to marry women of the People of the Book. It deals with one small but significant aspect of interaction-the aspect of inter-marriage of Muslim men with Al-Kitabiyyah. vi i i Abbreviations A.H. After the Hijrah A.C. After Christ etc et cetra i.e. that is p. Page S.A.W. Salla Allah `Alayh Wasallam S.W.T. Subhanahu wa Tasala ix NOTES ON THE TRANSLITERATION OF ARABIC WORDS The system of transliteration followed in this thesis is as follows: Letters of the Alphabet (in the order they usually appear) d b t t z th j gh h f kh d k dh 1 r m z n sh Vowels and dipthongs a (fathah) a (for the alif ma qablahu fathah) u (dammah) 11 (for waw ma qablahu dammah) i (kasrah) i (for ya' ma qablahu kasrah) When the noun or adjective ending in ta' marbatah is indefinite, or is preceded by the definite article, without following hamzah al-wasl, ta' marbeitah is transliterated h. When the word ending in ta' marbillah is in the construct state and before hamzah al-wasl, ta' marbillah is transliterated t. The relative adjective is transliterated I and not iy at the end of a word when not followed by hamzah The a/ of the article is always transliterated as al whether it is followed by a "sun letter" or not i.e. regardless of whether or not it is assimilated in pronunciation to the initial consonant of the word to which it is attached. Ibn and bin are both transliterated ibn in all positions. xi TABLE OF CONTENTS Declaration Dedication ii Acknowledgements iii-v Abstract vi-vii Abbreviations viii Notes of Transliteration ix-x Table of contents xi-xv CHAPTER ONE: Introduction and Orientation 1 Statement of the Problem 1 Aims and objectives 2-3 Methodology 3 Chapterisation 3-5 CHAPTER TWO: Definition of Ahl a1-Kitab 6 2.1 Who are Ahl al-Kitab 7 7 2.2 Ahl al-Kitab in the Qur'an 7-29 2.3 Ahl al-Kitab according to the opinions of the Jurists...29 2.3.1 Hanafi School opinion 29-30 2.3.2 Malik School opinion 30 2.3.3 Opinion of Shafilis 30-31 2.3.4.Hanbali School opinion 31-32 Conclusion 32-37 CHAPTER THREE: Marriage with the People of the Book 38 3.1 Marriage with the People of the Book according to the Qur'an 39-44 xii 3.2 Marriage with the People of the Book according to the Sunnah and the sayings of theSahabah(R A ) 41-43 3.3 Marriage with the People of the Book according to the opinions of the Jurists 43-68 3.3.1 Marriage with the People of the Book other than Jews and Christians 68 3.3.2 Marriage with the Sabians 68-72 3.3.3 Marriage with Magians 72-76 3.3.4 Marriage with women who follow Suhf (Scriptures) of Prophet Ibrahim and Idris, and Zabur (the holy book Dawal(peace be upon them all) 76-78 3.4 Prohibited Degrees 79 3.4.1 Mutlah (Temporary marriage) 79-95 3.4.2 Shigh&r. marriage 95-98 3.4.3 Nikah Al-Muhallil (Marriage with a tripy divorced wife) 99-104 3.4.4 Marriage of Muhrim (one who is in the state of /Pram i.e. in Pilgrims) 104-108 3.4.5 Marriage with a woman during her `Iddah (waiting period) 108-110 3.4.6 Marriage with a married woman 111-112 3.4.7 Marriage with two women who are related to each other 112-115 3.4.8 Marriage with a Fifth woman 115-117 3.4.9 Marriage with a woman against whom Lilan (Mutual imprecation) 117-121 3.5 Marriage of a Muslim woman by the People of the Book 121-143 3.6 Position of Islam when a Muslim woman has been married by a man from the People of the Book inspite of the Qur'an and Hadith textuals which forbid it 143-146 CHAPTER FOUR: Marriage with the People of the Book in the early 'Ummah 147 4.1 Marriage with the People of the Book by the Prophet (S.A W ) 148-160 4.2 Marriage with the People of the Book by the Companions of the Prophet (S.A W ) 160 4.2.1 'Uthman (R.A ) 160-164 4.2.2 Sa'd ibn 'Abi Waqqas (R.A ) 164-168 XIV 4.2.3 Talbah ibn 'Ubaidullah (R .A ) 168-169 4.3 Marriage with the Poeple of the Book by the Tabilan (The Followers of the Companions of the Prophet (S.A.W.) 170 4.3.1 Mujahid 170 4.3.2 'Ikrimah 171-172 4.3.3 Tawas 172-174 4.3.4 Sa'id ibn Al-Musayyab 174-176 4.3.5 Al-Hasan Al-Basri 176-179 CHAPTER FIVE: Guidelines for the treatment of Al-Kitdbiyyah 180 5.1 Position Al-Kitabiyyah 181-182 5.2 A1-Nafaciah (Maintenance) 182-202 5.3 Ta/aq (Divorce) 202-216 5.4 Khull (Divorce at the Instance of the wife) 216-226 5.5 lIddah (waiting period) 226-234 5.6 Zihar (Injurious Assimilation) 234-237 5.7 Li`an (Mutual Imprecation) 237-242 5.8 'flci' (Vow of Continence) 242-245 5.9 Inheritance 245-249 Conclusion 250 - 253 Bibliography 254 - 266 CHAPTER ONE Introduction and Orientation a)Statement of the problem b)Aims and Objectives c)Methodology d)Chapterisation 2 a) STATEMENT OF THE PROBLEM The emergence of the 20th century has been witnessed by several developments in the fields of education, technology, economics, cultural and interpersonal relationship, information media etc.
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