GENEALOGY: IDENTITY AND BELONGING

In Arab society, which had a social structure based on tribal solidarity, it was very important for a person’s ancestry and lineage to be known. Tribal law, based on lineage, determined matters such as marriage, divorce, inheritance, and the relationships and responsibilities toward relatives. An individual was identified, above all, with their tribe. A person who had no tribe or who could not find a place for themselves in a tribe by agreement had no security.

Thus, in a sense, the tribe was the individual’s social and legal assurance. All of this demonstrates that knowledge of lineage was of vital importance. This was because the determination of a child’s paternity had many legal consequences, above all with respect to inheritance. Moreover, it was not always easy to determine a person’s ancestry. In fact, there were those who practiced the science of physiognomy, which was called qiyafa, and who could, when necessary, determine lineage. Based on physiological and physiognomic similarities, the physiognomist, who was called a qa’if, decided if someone was related to one person or another.

In a society whose social structure was based on the tribe, a confused lineage gave rise to unfavorable consequences, morally as much as legally. The Prophet (saw), who was aware of these possible consequences, warned in strong terms those who did not accept his own family, that is, the lineage to which he belonged. In fact, he said in a hadith that anyone who alleged that his lineage was connected to another lineage would be ungrateful to Allah (swt) (Ibn Hanbal, II, 215). If we take into account that all laws related to tribal society came into being on the basis of the tribe, then this strong warning from the Messenger of Allah (saw) intended for those who denied biological reality and the social structure attached to it is extremely significant.

In this respect, there is another Prophetic warning which seems to have been recorded in a legal text from the time of the Prophet (saw) and which is known as a written document belonging to Ali (ra). It states, “And whoever claims someone else to be his father, or claims wala’ (attached by proximity, affiliation) to someone other than his mawali (a person linked by proximity to another: former master of a freed slave), then upon him is the curse of Allah, the angels, and the people. On the Day of Judgement, Allah will not accept either his repentance or excuse.” (Muslim, Hajj, 467; T2127, Tirmidhi, Wala’, 3)