Islam never discriminated, rather provides a balanced equations for the human sustenance and other ecological elements. It clearly mentions that every human being is a part of a unity so that there should be no difference in superiority among them except in the degree of devotion to Allah, the Supreme Creator. The Prophet (p.b.u.h.) also said: “Every man in essence is the same; the Arabs are not superior to the Ajam (non-Arab). The superiority among them is due to their piety.” Though there are principles which differentiates one from another but are solely meant for specific purposes. These principles in no way be treated as Res Integra of the Islamic Law. The above titled Doctrine of Kafuúin Islamic law deals with the concept of social and religious compatibility when it comes to marriage. This principle is mainly discussed in the context of Muslim marital law, particularly within Islamic Jurisprudence. It specifically governs the marriage; which is treated as a sacred covenant, a divine institution, and a spiritual journey and not mere a social contract.
Doctrine of Kafuú: Etymologically, the word Kafuú means ‘compatibility’, ‘equal’, ‘similar’ or ‘matching’. However, in the Islamic law, Kafuú means those who are equal or similar or matching in terms of marriage relations.
“A woman is married by four qualifications: for her piety (religion),
her beauty, her wealth, and her noble decent,
but take hold of piety, and you will be satisfied with
what you have” (Ibn Rushd) ….” Biddayat-ul-Mujtahid, (Vol. 2).
Under Islamic Jurisprudence, every Doctrine is based on principle of equity, justice and good conscience. Marriage in Islam is considered as a lifelong contract between spouses. A good and harmonious relationship between husband and wife is emphasized in Islamic marriage. It is believed that having a similar cultural background and social status to some extent can contribute to a successful marital life. However, in cases where these similarities are absent, it may be challenging to maintain a joyful marital life. This is rooted in the idea that a marriage where there is significant disparity might lead to marital disharmony or be seen as incompatible within the social or religious community.To promote psychological balance and harmony between spouses, Islamic law includes a unique law of compatibility through“Doctrine of Kafuú.” This Doctrine aims to ensure compatibility between partners in various aspects. This Doctrine categorically describes how a girl/boy from a certain caste, family, standard can be an equal match to a boy/girl belonging to a certain caste, family, standard (both have to be Kafuú). However, this doctrine must not be misconceived with the concept of racial/caste-based discrimination, rather it may be called as a positive/protective discrimination doctrine.Since the application of rule of compatibility protects and prevents the disharmony and discomfort among the spouse. In Islam, it is emphasized to assess compatibility before arranging a marriage between a boy and a girl. Compatibility, in this context, refers to the observation of equality in certain aspects between the individuals and their families. Factors such as financial and social status (Nisib) are considered to ensure a successful marriage and psychological balance between the spouses.The social standing or family background of the two individuals should be similar to avoid issues related to pride, arrogance, or social friction.
“While the Rule of Compatibility (Kafuú) is important in governing the Islamic marriage, still there is no general prohibition against marrying individuals who may be considered incompatible. The primary purpose of this rule is to protect the rights of the girl and promote the success of the marriage by ensuring psychological balance between the spouses and their families.”
As marrying a man of lower status may bring an unrealistic feeling of general inadequacy and discomfort to both the girl and her guardian. Additionally, may bring higher chances of divorce and dissolution of marriage. The law of compatibility, known as “Kafuú,” is an important principle that, when practiced, greatly contributes to the success of a marriage. However, if this law is not observed, lack of compatibility can sometimes lead to separation and divorce. While divorce is considered lawful in certain circumstances, it is generally disliked by Almighty Allah. “The Prophet Muhammad (Allah’s peace and blessing be upon him) is reported that he said “God has not created anything on earth which he like better than emancipation of slaves nor he has created anything which he dislikes more than divorce.” For the purpose of successful marriage Islamic scholars emphasized that Nikah of a girl should be performed to a boy who has equal social and financial status. The most agreed and approved criteria for application of rule of compatibility is as under:
(1) Lineage (2) Islam (3) Religiosity (4) Wealth (5) profession.
However, there are contradictions between the various schools of thought regarding the number of criteria. While some follow three, there are also those who follow five or seven. But the criteria of lineage have been considered by almost every school of thought. Prophet Muhammad (Allah’s peace and blessings be upon him) advised the guardians of females to carefully consider all aspects and act in the best interest of the girl before arranging her marriage. Therefore, the rule of compatibility holds significant importance in Islamic teachings, and guardians should strive to observe this rule to the best of their ability before marrying off their daughters. However, marriage without consideration of the rule of compatibility does not invalidate the marriage nor becomes void (Batil) or irregular (Fasid). Islam never stressed on the implementation of this rule of compatibility rather left it to the individual choice.In case, if it becomes hard for the guardians to find a compatible proposal for their daughter and may not agree to other options, resulting in their daughters not being married off to suitable proposals that fulfill the law of compatibility. While Islamic law encourages the observation of compatibility, it is a misconception that the marriage contract (Nikah) becomes invalid if this law is not strictly followed. “If a family is unable to find a compatible match for their daughter, they should proceed to marry her to any suitable boy. In such cases, it is advised to proceed with the marriage with the willingness of the guardian of the girl. The guardian should not be overly strict in this regard.”(Mufti Muhammad Taqi Usman). As Prophet Muhammad (Allah’s peace and blessings be upon him) said, “When one whose religiosity and character are agreeable to you comes with a proposal, then solemnize the Nikah with him. If you fail to do that, corruption and strife will prevail in the world.” This highlights the importance of considering religious devotion and character in a potential spouse, even if there may be some differences in compatibility. Indeed, while the Rule of Compatibility (Kafuú) is important in governing the Islamic marriage, still there is no general prohibition against marrying individuals who may be considered incompatible. The primary purpose of this rule is to protect the rights of the girl and promote the success of the marriage by ensuring psychological balance between the spouses and their families. Prophet Muhammad (Allah’s peace and blessings be upon him) provided valuable advice in this regard, as reported by Ibn Majah: “Do not marry only for the sake of beauty, may be the beauty becomes the cause of moral degradation. Do not marry even for the sake of wealth, maybe the wealth becomes reason of subordination. Marry rather on the ground of religious devotion”
(The author had studied law at university of Kashmir and is presently working at Legal Cell In NIT Srinagar. The views, opinions and conclusions expressed in this article are those of the author and aren’t necessarily in accord with the views of “Kashmir Horizon”)
Basarat Bashir
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