There are tribal societies as well as class ridden societies too. Custom was their main argument when they talked about equality between the two partners. The woman, in particular, is the one who is with her family most likely to be at a disadvantage. That is why the ulema stipulated that the man is to be equal to her in her social status. A woman of noble family may not marry a commoner.
Male royalties are free to marry a commoner.
The implication of this is that there is no shame upon him to do that. The family of the woman has a right of objection if she chooses to marry a commoner. She, too, if she is not of age and her father gave her in marriage, has the right to opt out of such an unequal relationship when she reaches the age of puberty. Now, this concept of equality is very important here, particularly with the Hanafi school of thought as we shall see below. Guardianship The Hanafi school of thought, to which the overwhelming majority of British Muslim belong, is unique in its concept of guardianship in marriage.