Al-Qahili and Al-Khadhiri and the Ruling on Marriage Between Them

Al-Qahili and Al-Khadhiri and the Ruling on Marriage Between Them


Question :

A questioner is asking about the meaning of the people's saying: Qabili and Khadheeri and the ruling on marriage between them.


Answer:

This question is a secondary one and it is well known to the people. The Qabili is one who has a well known tribe to which he belongs, such as Qahtani, Subai'i, Tamimi, Qurashi, Hashimi and the like this is known as a Qahili, because he belongs to a Qabilah (tribe). It is also said: Qabali, as one says: Hanafi, Rab'i and the like, relating to the tribe to which he belongs.

Al-Khadhiri is known exclusively to the people in Najd and I do not know of it except in Najd and it means one who has no known tribe to which he belongs; he is an Arab, but he has no known tribe, i.e., it is not known that he is Qahtani or Tamimi, or Qurashi, but he is an Arab, his language is Arabic, he is from the Arabs, and he lives among them. Even though his origins and his community are well known. The Mawla according to the understanding of the Arabs, is one who was originally a slave, but who was given his freedom. These are known as Al-Mawali. Al-'Ajm are those who are not descended from Arabs; one is called A'jami (singular) and they are those who are from non- Arab roots, not from Arab roots.

They are known as A'ajim and the ruling in Allah's religion is that there is no superiority for any of these over any other except in piety, whether he is called a Qabali or a Khadhri or a Mawla or an A'jami-they are all on an equal level. There is no superiority for this one over that one, nor for that one over this one, except in piety, as the Prophet said:

"There is no superiority for an Arab over a non-Arab, nor for a non-Arab over an Arab except in piety, nor for a red person over a black person, nor for a black person over a red person, except in piety.

- and as Allah, Most Glorified says:
"O mankind! We have created you from a male and a female, and made you into nations and tribes that you may know one another. Verily, the most honourable of you with Allah is that (believer) who has At-Taqva [i.e. he is one of the Muttaqün (the pious)]. Verily, Allah is All-Knowing, All-Aware."

However, it is the ancient custom of the Arabs that they marry their daughters to the tribes whom they know, and some of them refuse to marry them to those who are not from a tribe known to them, and this remains the custom of the people.

Some of them might be tolerant and marry the Khadheeri, the Mawla or the 'Ajami as happened in the time of the Prophet The Prophet married Usamah bin Zaid bin Harithah - who was his servant and his freed slave to Fatimah Bint Qais may Allah be pleased with her and she was from the tribe of Quraish as was Abu Huthaifah bin 'Utbah. He did not care that he was a freed slave; and this was the practice among the Companions, may Allah be pleased with them, and of many who came after them.

But after that, the people especially those in Najd and in some other places might refuse to do this and be vehement about it, according to the customs they have inherited from their fathers and forefathers; and it might be that some of them feared harm from some of their tribe if they asked them: "Why did you marry so-and-so? This could result in harm to our tribe and mixing and loss of our lineage and other things!" They might make some excuses that might be acceptable in certain circumstances, and there is no harm in this, and the matter is simple. What is important is to choose someone who is suitable for marriage in his religion and his character. If such a person is found, it is he who should be chosen whether he is Arab, non- Arab, a freed slave, a Khadhiri or otherwise; and this is the cornerstone of the matter. And if some of the people do not wish to marry except from their tribe, we do not know of any sin in it. And Allah is the Granter of success.


Source:
Ibn Baz
Fatawa Islamiyah, Vol. 5 Pages 275-276-277

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