By TwoCircles.net staff reporter
A fatwa issued by its Darul Ifta, Darul Uloom Deoband said that a girl can marry a boy of her choice. According to the fatwa issued last Sunday, consent of parents are recommended and not required for marriages.
This fatwa is remarkable because even though Islam asks girl's consent for marriage but in India it has been reduced to a custom. Rarely, a girl can refuse marriage arranged by her parents.
Nasiruddin Haider Khan, a journalist who is doing research in Islam and Women Issues said that this fatwa is welcome change from recent fatwas that have come out from Darul Uloom Deoband. While talking to TwoCircles.net he said that "girl's consent is a requirement for nikaah." He said that "During nikaah, it is the girl who is asked first about her consent, but now it is done just as a custom."
The second part of the fatwa issued in response to a question said that consenting adult boy and girl can marry each other only in "kufu" and marriage outside "kufu" will be considered invalid.
Fatawa Al-Hindiyyah, a collection of Hanfi rulings prepared during the reign of Emperor Aurangzeb lists six aspects for "kufu"- family lineage, Islam, freedom, piety, wealth and profession.
Maulana Burhanuddin Qasmi, who is the manager of Marakaz Marif of Mumbai explains "kufu" as equality. Prophet Muhammad (sallallaho alaihe wasallam) has used the word "kufu" to mean suitable partner for marriage in a hadith mentioned in the hadith book Tirmidhi (1/206).
Nasiruddin Haider Khan objects to the condition of "kufu" in this marriage and ask the question whether it is not similar to having a caste system in Islam?
Qasmi, who is a graduate of Darul Uloom Deoband disagrees, he said that according to Ulema the family lineage rule applies only to Arabs and all non-Arabs are considered "kufu" or compatible to each other when it comes to family lineage. But he emphasized that for a strong marriage compatibility on various social aspects is important.
[Photo : archiprez mosis]