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Does a Sayed Girl have to have consent before marrying a Non-Sayed Boy? Is it a must that a Sayed Girl has to marry a Sayed Boy?

Answered according to Hanafi Fiqh by Askimam.org

My father is a Sayed but my mother is not. I am 21 years old and the guy I want to marry is a Non-Sayed. My mother is happy for me to marry him, but my father is not. I want to get my Nikah done with him but from one of the responses I read on here, Mufti Muhammad Kadwa says that a Sayed girl can NOT marry a Non-Sayed male without her guardians? permission (in response to Question 8883). He goes on to say that the Nikah would be invalid. From what I understood Islam frowns upon those who follow casts but instead Islam promotes marriage outside ones own cast. Please explain to me why a Non-Sayed girl can have her Nikah done without her guardians? knowledge/consent, but a Sayed girl must have consent from her guardians? before she marries a Non-Sayed? Why do you say this? Where in the Quran does it state that the Nikah would be invalid? Secondly, is it a must for a Sayed female to marry a Sayed male, as this is what my father insists? Please explain clearly as both these questions are very, very important. I await your prompt response. Jazakallah Khair

Answer

A Sayed girl as well as a non-Sayed girl can only marry with the consent of their guardians respectively. However, if any lady gets married without the consent of her guardians, to such a person who is not her Kufwu (rank) the Nikah will not be enacted. By Kufwu we mean his/her status in respect of religion, lineage, affluence, profession, etc. In your case you are from a noble lineage that is why it is highly recommended that you marry a Sayed boy. The reason why Islam encourages one to marry within his/her Kufwu is so that they may be compatible with each other and also be happy as they will know what is wanted from the other spouse. If the person is not of the same Kufwu there is a possibility that that person will feel inferior to the other and will not be comfortable to mix with the family. We should bear in mind that when a person marries someone, they will not be marrying that person alone but instead will be joining ties between two families. Therefore it will be better for a girl to obey her guardian’s wishes in order to keep everyone happy. Insha-Allah, Allah Ta’ala will bless such a marriage which was enacted with the guardian’s consent.

and Allah Ta’ala Knows Best

Mufti Muhammad Ashraf
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