The Compatibility between spouses according to the Four Islamic Jurists
The Compatibility between spouses according to the Four Islamic Jurists.
بسم الله الرحمن الرحيم
With the high divorce rate globally constantly increasing there’s a topic that maybe some guardians are neglecting. This topic is known as [الكفاءة] which translates and can be interpreted as compatibility, well-matched, equableness and so forth. In this short article, I will highlight some points that should be considered when choosing a partner; as it relates to compatibility. The points mentioned are based on the four Islamic Jurists views of the topic.
- [الكفاءة] compatibility, well-matched, equableness
1: The Hanafi Jurisprudence: it refers to both spouses being equal in certain areas of life.[1]
2: The Maliki Jurisprudence: It refers to both spouses being equal in religion and living standards. [2]
3: The Shafa’I Jurisprudence: It refers to the status of basic necessities.[3]
4: The Hanbali Jurisprudence: It refers to both spouses being equal in 5 things.[4]
In summary, based on the four Islamic Jurisprudence schools the definition of compatibility between spouses covers the important aspects of both parties which would help the marriage continue blissfully.
The Ruling of [الكفاءة] in a marriage
- Wajib
Some scholars hold the opinion that it is a must; therefore impermissible for the Wali to marry the girl off to one who doesn’t hold the same standards she does. This is the view of Imam Abu Hanifah and Imam Ahmed. The proof for their views is as follow;
- Umar ibn Al-Khattab [رضي الله عنه]said
لاَ يُزَوِّجُ النِّسَاءَ إِلاَّ الأَوْلِيَاءُ ، لاَ تُنْكِحُوهُنَّ إِلاَّ مِنَ الأَكْفَاءِ.
Women can only marry with the Wali and equality and similarity must be present, otherwise, don’t marry the women off to the man.[5]
And among other companions of the Prophet [ﷺ] who said similar things were Aisha and Jabir [رضي الله عنهما]
- Recommended
Imam Ash-Shafa’I and some Maliki scholars dislike marrying a woman off to a man without him being similar to her some aspects of life. However if there is fear that the man might commit illegal sexual intercourse with her, or that an evil man will have control over her, then in this is in her well-being, so allowed. The proof for their opinion is based on the verse.
- Allah said:
And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect.[Ar-Rum:21]
- Shouldn’t be considered.
Imam Sufyan Ath-Thowri and some of the Maliki scholars held the view that judging the similarity between spouses shouldn’t be considered at all. The proof for their view is in a weak narration attributed to the Prophet [ﷺ]
النَّاسُ سَوَاءٌ كَأَسْنَانِ الْمُشْطِ
All People are the same as the teeth on the comb.[6]
- Is the Equality in status a condition for marriage or not?
The majority of the Jurist holds that it’s not a condition for the marriage to be valid, but rather something recommended; nonetheless some Jurists say it’s a must.
- The 1st group says matrimony is correct without it; as this is the right of the Wali and the woman. Imam Abu Hanifah, Malik, Ash-Shafa’I, and Ahmed.[7]
The proof for the opinion that compatibility is recommended for the marriage and not a condition for its validity is as follow;
- Allah said: Verily, the most honorable of you with Allah is that (believer) who has At-Taqwa [i.e. one of the Muttaqun [Al-Hujjarat:13]
- The Prophet [ﷺ] said
يَا عَلِيُّ ثَلاَثٌ لاَ تُؤَخِّرْهَا الصَّلاَةُ إِذَا آنَتْ وَالْجَنَازَةُ إِذَا حَضَرَتْ وَالأَيِّمُ إِذَا وَجَدْتَ لَهَا كُفْؤًا
O, Ali! Three are not to be delayed: Salat when it is due, the funeral when it is presented, and (marriage) for the single woman when someone compatible is found.”[8]
- The Prophet [ﷺ]married off his daughter and none were compatible is areas of deen like he was.
- The Prophet [ﷺ] ordered Fatimah bint Qais, who was Al-Qurayshi to marry Usamah ibn Zaid, who was a freed slave.
- When is the compatibility of spouses considered?
The compatibility of the spouse is right of the woman and not the man. The issue related to this focuses of the man is suitable for the woman in certain areas. The woman doesn’t have to be equal to the man. This is the position of the majority of the scholars.[9]
The scholars say the man must provide for the woman and maintain her and that the child is honored with the name of the father. The time period to consider the compatibility of the man is at the beginning and there’s no harm if the reasons chosen for him to be compatible with the woman, later on, don’t exist. The vanishing of these well-matched traits doesn’t make the marriage invalid. [10]
- The traits of compatibility that are considered.
There are some traits of compatibility that must always remain between the husband and wife. Among them are love and happiness. Allah said:
“And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect.” [Ar-Rum:21]
The majority of the scholars agree that the religion must be compatible, but they differ on other traits. The man must be of sound religion and not an open sinner.
- Religion [ Muslim]
Imam Abu Hanifah held an independent and solitary view that the origin of the man is considered. For example, a man who has one parent as a Muslim isn’t compatible with the girl, whose both parents are Muslims. And the revert who is the only Muslim in his family isn’t a good match for the girl who has a Muslim parent.
This is something that is only taken into consideration among Arab and not non-Arabs.
- Occupation
People take pride in their trade and education. The occupation and trade is something that is taken into consideration when choosing a spouse. For example, a sheepherder isn’t a suitable spouse for a seamstress, nor is a taxi driver suitable for a woman with a Ph.D. This is the view of the four Imams.[11]
Imam Ahmed’s other view was that the occupation of the man shouldn’t be considered as it’s not connected to his deen.[12]
- Wealth
Wealth plays a role in the man’s ability to maintain the woman. And the four Imams consider it as being important. They use the hadith as proof.
The Prophet [ﷺ]
Fatimah bint Qais (May Allah be pleased with her) said:
I came to the Prophet (ﷺ) and said to him: “Muawiyah and Abul-Jahm sent me a proposal of marriage.” The Messenger of Allah (ﷺ) said, “Muawiyah is destitute and he has no property, and Abul-Jahm is very hard on women.”[13]
- The man should be free from illnesses if the woman doesn’t have any.
The issue of a blood test before marriage is built off of this case between the Jurists. An HIV victim shouldn’t be allowed to marry a woman without that illness, or a Herpes victim should be allowed to marry a virgin or an uninfected woman. Etc.
In conclusion, this is what I wanted to present as relates to the issue of compatibility between spouses as understood from by the Islamic jurists. The other issues as it relates to country, beauty, and age aren’t topics of a companionable spouse. Moreover, in many cases, the issues that relate to the compatibility of a man for a woman today are related to the custom of that society. And Allah knows best.
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Prepared by Abu Aaliyah Abdullah ibn Dwight Battle
Doha, Qatar1439H© [May Allah protect it]
[1] الدر المختار [3/84]
[2] الشرح الكبير [2/248]
[3] مغني المحتاج[ 3/165]
[4] الروض المربع [ 3/77]
[5] Sunnan Sa’eed ibn Mansour #537
[6] الامثال الحديث by Abu Shaykh Al-Asfahani #143
[7] روضة الطالبين [7/84] المغني [7/26]
[8] Jam’I At-Tirmithi #1075
[9] المبدع [ 7/51]
[10] الدر المختار [ 3/92]
[11] المغني [ 7/29]
[12] الكافي في فقه ابن حنبل [3/32]