Equality in marriage (kafaa)

In marriage kafaa is a particular equality between the man and the woman that averts shame. The Malikis define it as a likeness or nearness in religious observance and condition; the Shafi'is as a thing whose absence brings shame; the Hanbalis as equality in five things ^{1 2}.

The Hanafis and Hanbalis hold it obligatory, counted on the man's side for women only, since the Prophet ﷺ married his daughters although no one was his equal, and since equality is the right of the woman and the guardians ^{2 3}. Abu Yusuf and Muhammad count it on the woman's side too; al-Karkhi, al-Hassas, al-Thawri and al-Hasan al-Basri hold it is not a condition at all ⁴. It is judged at the time of the contract ⁵.

Religion: Abu Hanifa and Abu Yusuf hold that pride in religion outranks lineage, freedom and means; Muhammad says it is not counted; the Malikis, Shafi'is and Hanbalis count a measure of righteousness and abstaining from the unlawful ^{6 7}.

Lineage: counted by the Hanafis, Shafi'is and Hanbalis, who differ over Arabs, Quraysh and clients. Malik and Sufyan al-Thawri do not count it. The majority cite the hadith that Quraysh are equals of one another and the Prophet's marriage of his daughters to Uthman and Ali's marriage of his daughter to Umar ^{7 8 9 10}.

Freedom: counted by the Hanafis, Shafi'is and Hanbalis, so a slave is not equal to a free woman ¹¹.

Craft: not counted by most, except a lowly craft such as cupping or weaving; the Hanbalis treat the weaver and cupper as unequal, and the Malikis do not count craft ^{12 13}.

Means: counted by the Hanafis and the accepted Hanbali narration, where it means ability to pay the bridal gift and maintenance; not counted in the preferred Shafi'i view ^{13 14 15}.

Freedom from defects: counted by the Malikis, Shafi'is and Ibn Aqil, with the Shafi'i details on defects that permit annulment ¹⁵.

Qualities not listed, such as generosity or its opposite, beauty, a child of unknown father, a short man for a short woman, or an old man for a young one, are not counted by the majority; a man with a guardian's illegitimate descent, an ignorant man for a learned woman, and a man under restraint for a sound-minded woman are disputed ^{16 17}.

Where kafaa is not a condition of validity, the marriage stands but may be annulled. The Hanafis hold that a guardian may separate the couple to remove shame unless there is proof of consent, the separation is made by the judge, and it is not a divorce. If one guardian consents, the others of his rank may not object, while the woman's consent alone does not bind the guardians ¹⁸. The Malikis have three views on a marriage to a dissolute man. A guardian who refuses an equal the woman asks for, when he is bound to accept, is obstructive, and the judge marries her ^{19 20}.

Some Shafi'is allow a guardian to marry a woman to a non-equal out of necessity if no equal exists. If the woman claims that a suitor is her equal and the guardian denies it, the matter goes to the judge ²⁰.

The Malikis say a mother may object to her former husband's marriage of their rich daughter to a poor man when harm is clear; the Mudawwana gives two reports and the scholars differ on how to reconcile them ²².

The Sheikh speaks of equality in marriage (kafa'a). He says that material wealth is a loan that goes and returns, that some daughters bear hardship and ease alike, and that a woman raised in comfort can live at any level afterwards ^{23 24}.

He reports that Abd al-Rahman ibn Awf (may God be pleased with him) offered his sister in marriage to Bilal ibn Rabah (may God be pleased with him) (needs_source: the details of the report) ²⁵. The Sheikh holds, as his own view, that the Companions judged people by their piety rather than their standing (needs_source) ²⁶. He cites the saying "choose the woman of religion, and may your hands be rubbed with dust", and says that true beauty is of the soul rather than of appearance ²⁷.