A leading Saudi scholar believes it is wrong for anyone to try to divorce a woman from her husband based on “tribal incompatibility” as long as the man has been truthful about his background. Dr. Muhammad Bin Ahmad Al-Saleh, a member of the International Council at Imam Muhammad Bin Saud Islamic University, said a wife's family has no right to backtrack and demand a divorce for their daughter under these circumstances. He said Islam made it “impermissible” to nullify a marriage contract if the husband has been truthful about tribal affiliation, the wife's family had accepted him, the marriage was consummated and they had children. He said a decision by a woman's family to try to do this is an “arbitrary” action and an “injustice”. The woman should resort to the courts for protection from her family. In a statement, Al-Saleh conceded that Ulema (scholars) have differed in their opinions on whether a marriage can be nullified because of tribal incompatibility. However, he said this criterion comes after compatibility in religion, degree of piety, freedom (not being a person in bondage), earning a decent living; being free from any shortcomings, including contagious and venereal diseases; and that both man and woman should be able to provide details of ancestry. He said all the Ulema were in agreement on these matters. Al-Saleh said scholars did differ in some areas where a man and woman may not be compatible. This includes wealth, trade and differences in ancestry. He said Arabs are proud of their ancestry. He added that the Caliph Omar Bin Al-Khattab (may Allah be pleased with him) said he would only marry women of high ancestry to men who were compatible in this regard. This narration is supported by Al-Imam Ahmad Bin Hanbal and Abul Qasim Al-Kharqi, one of the Imams of the Hanbali school. Al-Saleh's comments come in the wake of the Supreme Judicial Council overturning an Al-Jouf court ruling that forcibly divorced a couple Fatima Azzaz and Mansour Al-Taimani over “tribal incompatibility”. The Supreme Court had found that Azzaz's half brother had no right to divorce her from her husband because the marriage had been approved by her late father and they had children. The brother had claimed that Al-Taimani had deceived the family about his background. After a four-year ordeal, the couple were reunited last week. Azzaz's brother was required to pledge before the court to refrain from “interfering in issues that concern” his sister and brother-in-law. Azzaz has claimed that her family brought the case to court because they wanted to gain power of attorney over real estate she had inherited.
