The book of Marriage -
The Conditions of the Contract
|Topic/Issue:||4010 - Removal of guardians -- |
|Agreement:||They agreed that the guardian does not have the right to decline his ward's
marriage, if she desires marriage to a man of equal status and with a dower in
keeping with such status. If he does this, her case will be referred to the sultan who will give her away in marriage.
After agreeing on this, they differed
about the meaning of kafaa that is to be taken into account, and whether Saddq al-mithl (dower conforming with status) constitutes a part of it.
They agreed that a woman has a right to refuse marriage when a mujbir (coercing) guardian is forcing her into it and there is no proportionality of status, as in the case of a father forcing his virgin daughter.
They agreed that a factor to be considered in kafa is religion
They disagreed about lineage whether it constitutes a part of kafea, as they did about liberty, financial ease, and freedom from bodily defects.
The jurists in the Mailiki School did not disagree that marriage contracted by a father for his virgin daughter may
be revoked on the basis of poverty, that is, when the groom is poor and unable to maintain her. Wealth, thus, constitutes a
part of kafaa. Abu Hanifa does not maintain this opinion.
Imam Malik and Imam al-Shafi maintain that Mahr Mithal is not a part of kafaa, and the father has the right to give his daughter away
in marriage for an amount less than the mahr al-mithl. If a deflowered woman possessing discretion agrees to the amount (of dower),the guardians do not have a right of interference. Imam Abu Hanifa said that mahr al-mithl is an essential ingredient of kafaa
|Tags :||Worship,Marriage, Wali, Force,|
|See Also:||Is guardianship a condition for the validity of the contract of marriage?|
: Qualifications and disqualifications for guardianship - Is Rushd a condition
Priorities in guardianship on the basis of lineage
Transfer of guardianship in the absence of the remote guardian
|Last Updated:||2011-09-18 |
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