Suitability (kafa'ah) between husband and wife
Suitability (kafa'ah) is whether a husband matches his wife's family in six respects, and what her guardians may do if he does not.
Islamic law strongly discourages a woman marrying someone very mismatched to her family, because it can bring shame on her guardians. This is called kafa'ah: being a suitable match.
What counts as a suitable match
- Family background.
- Not having been enslaved, if her family has always been free.
- Being a good, practising Muslim, if she and her family are known for that.
- Being able to pay her mahr and support her.
- Having a job that is respected where they live.
Condition 4 requires a woman's guardians to agree if she marries outside the usual match for her family, because it is considered dishonouring to the guardians for her to marry someone plainly beneath her without their consent. The guardians who hold this right are her male relatives by lineage (asbah), starting from the father, even where they are not mahram to her. Kafa'ah (suitability) is measured only on the man's side: he must be equal to, or better than, the woman in six respects: lineage, freedom, Islam, piety, wealth, and profession.
| Respect | What is compared |
|---|---|
| Lineage (nasab) | Among Arabs only: all Quraysh are equal to one another; non-Quraysh Arabs are equal to one another but not to Quraysh; a non-Arab is never equal to an Arab, except that a scholar of Islamic knowledge may be considered equal even to a Qurayshi woman if she herself is not learned. Among non-Arabs, differing lineages do not make people unequal; the child's status follows the father's lineage, not the mother's. |
| Freedom | A man who is, or whose father was, a slave (even if later freed) is not equal to a woman who is fully free. |
| Islam | A convert to Islam is not equal to someone whose family has been Muslim for two generations (father and grandfather); after two generations, all are considered equal regardless of how long each has been Muslim. This factor does not matter where being a new Muslim carries no social stigma. |
| Piety (deen) | An openly sinful man is not equal to a woman who is herself pious and whose father is pious. A woman who is pious but whose father is not, or the reverse, may still be considered equal to a sinful man. |
| Wealth | The man must be able to pay the dowry (or at least the outstanding part of it in full) and to maintain the woman for at least a month, however modest his means otherwise; support from his parents counts towards this. |
| Profession | The man's trade must not be one regarded as demeaning in that society; where a society draws no such distinctions between trades, this factor does not apply. |
There is no requirement of equality in intelligence, age, looks or health.
Marrying a woman to a man who does not meet kafa'ah gives her guardians the right to bring the matter before a judge and have the marriage annulled.
Sharṭ 4 (explanation): where a woman marries outside kafāʾah, meaning a match Sharīʿah does not regard as suitable to her family's standing, her walīs' agreement is required, since a woman marrying beneath her without her walīs' consent, or through their being deceived, is treated as an affront (ʿār) to them. The right belongs to the walī ʿaṣabah bi-n-nasab, the line of male relatives beginning with the father, even where not maḥram to her. Kafāʾah is assessed from the man's side alone: he must equal or exceed the woman in nasab, ḥurriyyah (freedom), Islam, dīn (trustworthiness/piety), wealth and occupation.
| Respect | What is compared |
|---|---|
| Nasab | Equality of lineage is recognised only among Arabs: all Quraysh are mutually equal; non-Qurayshī Arabs are mutually equal but not equal to Quraysh; a non-Arab is never kufw to an Arab. The sole exception: a non-Arab scholar of Islamic knowledge may be kufw to an Arab, even a specific Qurayshiyyah, where she herself is unlearned. Among non-Arabs, differing lineages are not treated as inequality. A child's status follows the father's nasab, not the mother's, regardless of which parent is Arab. |
| Ḥurriyyah | A man who is, or whose father was, a slave, even subsequently freed (ʿatīq), is not kufw to a ḥurrah (a woman of unbroken free status). |
| Islam | A new convert (whether he alone converted, or his father also converted) is not kufw to Qadīm al-Islām: one whose Islam extends back two generations, father and grandfather. Beyond two generations all are mutually kufw regardless of relative seniority in Islam. This factor is disregarded in localities where being a new Muslim carries no social stigma. |
| Dīn | A fāsiq is not kufw to a woman who is herself pious (ṣāliḥah) and whose father is likewise pious; a woman pious but with an impious father, or the reverse, remains kufw to a fāsiq. Fisq here covers both public and concealed major sin. |
| Wealth | The man must be able to discharge the mahr in full (or the balance owed, where part has already been paid) and to provide nafaqah for at least one month, whatever the modesty of his means otherwise; support received from his own parents counts toward this capacity. |
| Occupation | The man's trade must not be one held in low esteem in that society (barbering, laundering, refuse-collection and the like being commonly cited examples), except where a given society draws no distinction among occupations, in which case this factor drops away. |
No equality is required in ʿaql, age, jamāl (beauty) or health.
A nikah contracted outside kafāʾah gives the walīs the right of iʿtirāḍ before the qāḍī, who may annul the marriage on that ground.
This is the English translation of Nisab Ahle Khidmaat Sharia, exactly as the book has it, for the passages this page was written from. About 1,216 words. Switch back to Guide for the rewritten version.
Order of Guardianship in Marriage Rulings Regarding the Insane and Minors
Explanation of the Fourth Condition: (For a woman, if she wishes to marry someone of lower status, the consent of the guardians, whether the woman is a minor or of legal age, is required)
- In Islamic law, it is greatly emphasized that a marriage should not be between two individuals of mismatched or unequal status. In other words, a girl's marriage should not take place with a man of lower status. If a woman, of her own free will, marries a man of lower status without the consent of her guardians or if this happens due to deception, it is considered an insult to the guardians. Therefore, it is a condition that the man must be of equal status to the woman in order to avoid such dishonor to the guardians. If the marriage occurs with a man of lesser status, the guardians are granted the right to bring the matter before a Muslim judge (qazi) and annul the marriage.
- Guardians, in this context, refers to the wali asaba by lineage [i.e., male relatives starting from the father and extending up to his brothers, nephews, and even further relatives], even if they are not mahram.
- Kufw refers to the man being equal to or better than the woman in ancestry, freedom, Islam, trustworthiness, wealth, and profession.
Equality in ancestry is only considered valid among Arab descendants. For non-Arabs, ancestry equality is not considered valid. In other words, among non-Arabs, differing ancestries do not render someone as non-equal (Kufw). Instead, in non-Arabs, equality in aspects other than ancestry is deemed valid.
Among Arabs, all Qurayshi are equal in terms of ancestry.[By Arabs, those are meant who are of Arab descent, regardless of whether they currently reside in another country and have been living there for many generations.]
Non-Qurayshi are not considered equal to Qurayshi, but all non-Qurayshi are considered equal to one another. A non-Arab cannot be an equal to someone of Arab descent,
[Non-Arabs are those who are not of Arab descent, even if they reside in the Arabian Peninsula.]
However, there is one exception to this rule: if a non-Arab is a scholar of Islamic knowledge, he can become equal (Kufw) to an Arab descendant, and even to a specific Qurayshi woman, if she is uneducated in Islamic knowledge.
Important Point: The father’s lineage is what counts for determining the status of children. The mother’s lineage does not affect the status of the children. For example, if the father is Arab and the mother is non-Arab, the child will be considered Arab.
Freedom: This refers to the person being free. If a man or his father is a slave or was a slave but later freed, that man is not compatible with a woman who is of free status (حرہ).
Islam: By Islam, it refers to not being a new Muslim (convert). A new Muslim is one who has either embraced Islam himself or whose father also embraced Islam. However, one whose lineage has continued in Islam for two generations—meaning from the time of the father and grandfather—is considered an old Muslim (Qadeem-ul-Islam).
A new Muslim cannot be the Kufw (equal) of an old Muslim. Similarly, a new Muslim who has converted alone cannot be considered the equal of one whose father also converted. However, after two generations, all will be considered equal (Kufw), even if one has fewer generations in Islam and another has more.
Equality in Islam is not considered significant in regions where being a new Muslim is not regarded as a dishonour.
Trustworthiness (Deen) Trustworthiness refers to piety. A person who is a sinner cannot be the Kufw (equal) of a woman who is pious herself and whose father is also pious. However, if a woman is pious but her father is not pious, or if her father is pious but she herself is not pious, such a woman can be considered equal (Kufw) to a man who is a sinner.[A sinner is a general term and includes those whose sinfulness is either public or hidden. (Note): A sinner is one who commits major sins.]
Wealth: This means that the man must have enough wealth to support the dowry (mahr) and provide for the woman’s maintenance (nafaqah). If he has enough money to provide for the full dowry, he is capable of handling the entire responsibility. If only part of the dowry has been transferred, the man should still be capable of paying it in full. Likewise, he should be able to provide for the woman for at least a month, even if he is not wealthy and has a profession that supports only his daily expenses. Thus, any man who can cover the dowry and maintenance, no matter how wealthy or not, may be considered compatible with any woman.
Occupation: There must be an equal standing in occupations, which means a person’s profession should not be dishonorable in society. Professions like barbers, washermen, or cleaners may be seen as degrading by some. Therefore, a marriage may only happen between people with equivalent or mutually regarded dignified professions. However, in societies where no distinction is made among professions, even people from different job categories may be considered compatible.
Note: Compatibility in the mentioned six attributes is what determines a suitable marriage. There is no requirement for equality in intelligence, age, beauty, or health.
Important Point: If a man is not wealthy personally, but his parents support him financially, he is still considered wealthy, and this will not affect his compatibility with a woman. [In the case of not being wealthy, the inability to pay the mahr (dowry) is considered, not the inability to pay the maintenance. That is to say, the ability to pay maintenance is also a condition here.]
Important Point: Compatibility is only considered from the man's side. A woman does not need to match the man’s compatibility.
Important Point: The consideration of compatibility applies only at the time of the marriage contract. If a man was compatible at the time of the marriage but later becomes unable to meet those standards (e.g., becoming poor after being wealthy), the marriage will no longer be valid.
Important Point: The right to object regarding Kufw (equality) belongs to the guardians, not the woman herself. If Kufw is absent, the guardians have the right to object. For instance, if a woman married a man who was later discovered to be unequal (non-Kufw), but this fact was unknown at the time of the marriage, the woman does not have the right to annul the marriage; this right is reserved for her guardians, provided the marriage occurred without their consent.
If the guardians themselves consented to and approved the marriage, they too lose the right to annul it. However, if the woman or her guardians entered into the marriage on the condition that the man was a Kufw or if the man explicitly stated at the time of marriage that he was their equal (Kufw) and they relied on his statement to proceed with the marriage, but it later turned out that he was not a Kufw, both the woman and her guardians have the right to annul such a marriage.
Important Point: A marriage between incompatible parties cannot be annulled once the woman is pregnant or has already had children from the marriage.
Terms on this page
Related
- Guardianship in marriage Who counts as a guardian (wali), in what order they stand, and what a guardian can and cannot decide for someone else.
- Marriage of the insane and of minors Why an insane person or a child cannot contract their own marriage, and the right a minor gets back once grown.
- The pillar and conditions of a valid marriage (nikah) Marriage (nikah) has one pillar, offer and acceptance, and six conditions that must all be met for it to be valid.
- Custody of children and maintenance after divorce Who has the right to care for young children after a divorce, and when a husband must keep providing his wife's food, clothing, and housing.