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Dear Sisters:
I would like to offer an artical on the subject of Marriage in Akfa', In sha'allah.
Marriage in Akfa'
Akfa' is the plural of kuf' which means an equal or one alike. For example, the Arabs are the akfa' of the Arabs and the Quraish are the akfa' of the Quraish. Thus the people of the one tribe or one family would be akfa' among themselves, and people of one race would be akfa' among themselves. There is nothing in the Qur'an or in the Tradition to show that a marriage relation can only be established among the akfa'. It is quite a different thing that, generally, people should seek such relations among akfa', but Islam came to level all distinctions, whether social, tribal or racial, and therefore it does not limit the marriage relationship to akfa'.
The principle that tribes and families have no special value with God is clearly established: "O mankind, surely We have created you from a male and female, and made you tribes and families that you may know each other. Surely the noblest of you with Allah is the most dutiful of you" (49:13). The way is open for establishing all kinds of relationships between Muslims to whatever country or tribe they may belong be declaring that "the belivers are brethren" (49:10), and "the believers, men and women, are friends (auliya') of each other" (9:71). The Prophet interpreted these verses by saying: "The Arab has no precedence over the non-Arab, nor the non-Arab over the Arab, nor the white man over the black one, nor the black man over the white one except by excelling in righteousness".
When speaking of contracting marriage-relationships, the Qur'an speaks only of certain forbidden relations and then adds: "And lawful for you are all women besides those" (4:24). And again it goes so far as to allow marital relations with non-Muslims: "And so are the chaste from among the believing women and th chaste from among those who have been given the Book before you" (5:5). The Prophet recommended the marriage of a lady of the tribe of Quraish of the noblest family, his aunt's daughter, Zainab, to Zaid who was a liberated slave; and Bilal, a negro, was married to the sister of 'Abd al-Rahman ibd 'Auf. There are other examples of the same kind in the early history of Islam. In one tradition it is stated that the Prophet recommended a certain man, called Abu Hind, to the tribe of Bani Bayadz, to whom he stood in the relation of a maula (a liberated slave), and followed the profession of hajamah (the craft of the cupper), saying: "O Bani Bayadz! Give (your daughters) to Abu Hind in marriage and take in marriage his daughters" (AD. 12:26).
This tradition cuts at the root of the limitation of marriage to akfa'; yet the jurists have insisted on it. Imam Malik, in this respect, differs from others, saying that Kafa'ah (equality) is brought about by religion, that is to say, all Muslims are alike or equal. The majority of the jurists require equality in four things-religion, freedom, descent and profession. Iman Shafi'i says that he could not declare a marriage outside of the akfa' to be illegal (haram; it is disability which is removed by the consent of the women and her guardians.
Wa 'alaikumussalam,
Abd Raheem K. Muhammad.