Abstract

This paper examines the conflict within the Hadrami Arab community in Malaya regarding the law ofkafā’a(compatibility, equality) in Muslim marriage. The historical background and social stratification of the Hadrami Arabs who divided themselves intosayyidsand non-sayyidswill be discussed. Thesayyidsclaim superiority over non-sayyidsbecause of their purported descent from the Prophet Muhammad, but the non-sayyidsrefused to recognize them on the basis of the contradiction (based on the principle of equality in Islam). The doctrine ofkafā’aupheld by thesayyidsprohibited their daughters from marrying people from a non-sayyidfamily due to the latter’s inferior social status. This paper discusses several issues involving the opinions of the four Sunni schools of jurisprudence onkafā’a, the principle of equality in Islam as well as court decisions on forced marriage due to non compatibility factor.

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