Definition of
Kafat.
Equality ne-
ceflary in
marriage,
the former and not with the latter, according to Haneefa and Ij&Lj
Tlofaf. Mohammed fays that the father is her guardian in this refpedt
as feeling a more lively intereft in her than the foil.— The argument
of the two Elders is that a fon is prior to all others of the parental
kindred; and the right of guardianlhip goes by this right of priority, in
preference to affedlion: thus any paternal kinfman (fuch as the fon of
the father’s brother, for inflance,) is in this refpedt prior to the ma-
ternal grandfather, although the natural affedtion of the latter be admitted
to be the ftrongefl.
S E C T I O N .
O f K a f A t , or E QJI A U T Y ,
K afat , in its literal fenfe, means equality.— In the language of
the law it fignifies the equality o f a man with a woman, in the feveral
particulars which fhall be immediately fpecified.
In marriage regard is had to equality, becaufe the prophet has
commanded, faying, “ Eake ye.care that none contrail women in mar-
“ riage but their proper guardians, and that they be not fo contrattei
“ but with their equals; and alfo, becaufe the defirable ends o f marriage,
fuch as cohabitation, fociety, and friendlhip, cannot be completely
enjoyed excepting by perfons who are each others equals, (according
to the cuftomary eflimation of equality,) as a woman of high
rank and family would abhor fociety and cohabitation with a mean
man; it is requifite, therefore, that regard. be had to equality with
refped to the hufband; that is to fay, that the hufband be the equal
of his wife; but it is not neceffary that the wife be the equal o f the
hufband, fince men are not degraded by cohabitation with women
who are their inferiors.— It is proper to obferve, in this place, that one
reafon
reafon for attending to -equality in marriage is, that regard is had to
that circumftance in confirming a marriage and eftablifhing its validity;
for if a woman fhould match herfelf to a man who is her inferior,
her guardians have a right to feparate them, fo as to remove
the difhonour they might otherwife fuftain by it.
E q u a l i t y is regarded with refpedt to lineage, this being a fource in Mpjj o f
j of diftindtion among mankind ; thus it is faid “ a Kooraijh is the equal ,r‘
“ of a Kooraijh !throughout all their tribes;” that us to fay, there is
no pre-eminence among them, between Hajhmees and Nifees, Eeye-
\mees or Adwees-, and in like manner they fay, “ an Arab is the equal
“ of an A rab."— This fentiment originates in a precept of the prophet
I to this effedt; and hence it is evident that there is no pre-eminence
[eonfidered among the Kooraijh tribes : and with refpedt to what Imdm.
\ Mohammed has advanced, that “ pre-eminence is not regarded- among .'
“ the K o o r a i s h tribes or families, excepting where the fame is noto-
j “ rious, fuch as the houfe o f the K h a l i f s , ” his intention in. this exception
was merely to fhew that regard fhould be had to pre-eminence:
: in that particular houfe, out of refpedt to the Khildfet, and in order
I to fupprefs rebellion or difaffedtion; and not to fay that an original
I equality does not cxifl throughout. The Kooraijhcs are the defcendantS'
jof Mdzir fon of Kanaan, as is univerfally known.— Ibn-Hijr has 'faid
| that the Kooraijhees are defcended of Kihr the fon of Malik. The
[term Kooraijh is a diminutive of Kurfh, which means a body o f people,,
or congregation; and this appellation was originally applied to them,
[becaufe they were accwftomed to trade through different cities and
countries, and after being thus fcattered, ufed to re-affemble at Mecca.
The Arabs are thofe who derive their defcent from a flock anterior to
Nazir, or (according to Ibn-Hijr) anterior to Kihr-
T he Binno Bahala tribe are not the equals of Arabs of any other
defcription whatfoever, they being notorious throughout Arabia for
3 every