The Verity of Kafa'at (Compatibility) in Marriage Contract

عقد نکا ح میں کفاءت کی حقیقت

Abstract

Kafa'at is a term used in the field of Islamic jurisprudence which means equivalence and closeness between the expected spouse i.e. Male and female in specific area. So it may be defined as the compatibility or equivalence between the expected husband and his expected wife which have to be adhered to in future. This compatibility standard suggested by Islam is highly effective, that include religion, profession, wealth, lineage, moral and social standard. The Hanafi, the Shaft’s and the Hanbali schools concur in requiring kafa'at in religion (Islam), freedom (i.e. in his not being a slave), profession and lineage. These schools differ regarding kafa'at in wealth. The Hanafi and the Hanbali schools recognize it, while the Shaft’s school does not. The Maliki School do not accept the notion of kafa'at except in religion. The emphases of this Kafa'at are to make the spouse relation pleasant, everlasting and coherences. The alikeness suggested by Islam between male and female is also traditional and logical value which Islam highly encouraged. The hidden philosophy of Kafa'at is to build the relation between the expected spouses more effective and pleasant.