Kafa’ah in Marriage According to Malikite and Shafi’ite Schools

Abstract

Kafa'ah marriage means a balance between a husband and wife in their marital life. The issue of kafa'ah is often understood disproportionately. In this case, a person is considered should marry someone who is equal in fortune, looks, and so on. Kafa'ah is not a new thing in Islam. The books of fiqh, which contain a set of Islamic thought, have explained the criteria of kafa'ah in marriage clearly. The research is done by using descriptive and comparative studies. In this case, the similarities and differences of opinions of Malikite and Shafi'ite schools are compared. Based on this study, both Imam Malik and Imam Shafi'i similarly argue that kafa'ah is the criteria to enable a groom or a bride defining their own spouse candidate. Thus, it is expected they will achieve happiness in their marital life. However, both of them also agree that kafa'ah is not a requirement of a marriage. Both schools of thought disagree in determining the aspects of kafa'ah, the determination of its legal consequences, and the legal basis of kafa'ah in marriage. Imam Malik says that the approval of the female-side in marriage is sunnah, or only as a complement. Without the consent of the female-side, the marriage can be conducted by her guardian. On the other side, Imam Shafi'i says that a girl who has not reach adult age, i.e. less than 15 years, or has not been out of menstrual blood, can be involved in marriage without her consent by his father, with favorable terms and not hurting. For an adult girl, there is a right balance between father (guardian) and daughter. The father has greater right to determine daughter’s marital affairs, although it is recommended that there should be a consensus between the two parties (the adult girl and the guardian/father). Thus, the two schools define kafa'ah only as a criteria to avoid embarrassment that might occur within marriage.