Kafā’ah in Marriage: A Comparative and Analytical Study of Juristic Criteria and Contemporary Pakistani Social Trends

کفاءت فی النکاح:فقہی معیارات اور معاصر پاکستانی معاشرتی رجحانات کا تقابلی وتجزیاتی مطالعہ

Authors

  • Misbah Naseem Assistant Professor, Department of Islamic Studies, Government Graduate College for Women, Gakhar Mandi, Gujranwala & PhD Scholar, Allama Iqbal Open University, Islamabad. Pakistan
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Abstract

Kafā’ah (marital compatibility) has long formed part of Muslim juristic discussions on choosing a suitable spouse. Classical jurists considered factors such as religion and moral conduct, lineage, financial capacity, occupation, and freedom, but they did not assign the same weight or legal significance to all of them. In Pakistan, the considerations that shape spouse selection have also changed over time. Family background, religious and moral qualities, financial position, occupation, caste or biradari, and kinship still influence marital choices, while education, employment, personal qualities, mutual compatibility, and individual preference have become increasingly important. This article compares these juristic criteria with the considerations that currently shape spouse selection in Pakistan. The discussion draws on classical works of Islamic jurisprudence, relevant Pakistani family laws and judicial decisions, and recent research on marital preferences in Pakistan. A qualitative, comparative, and analytical reading of these sources shows that contemporary social preferences correspond with classical juristic criteria in some respects, but the two cannot simply be treated as the same. Religion and moral character provide the clearest area of continuity. By contrast, present-day practices associated with caste, biradari, family status, and kinship should not automatically be identified with the classical juristic concept of lineage. Education, employment, personal qualities, and mutual compatibility have also gained practical importance without necessarily becoming independent juristic criteria of kafā’ah. Kafā’ah therefore remains relevant to marital decision-making, but its contemporary application requires a clear distinction between juristic criteria and socially developed preferences.

Keywords

  • Kafā’ah
  • Marriage
  • Islamic Jurisprudence
  • Spouse Selection
  • Pakistani Society

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