Examining the suitability of couples in marriage from the perspective of Hanafi jurisprudence
DOI:
https://doi.org/10.64226/sarj.v3i01.81Keywords:
Ḥanafī Fiqh, Parity in Marriage, Spousal Compatibility, Binding Contract, Marriage AnnulmentAbstract
Marriage in Islamic law is considered one of the key social institutions, with its rulings designed by the Divine Legislator to strengthen family foundations and secure both individual and societal welfare. Among its essential principles is the notion of parity between spouses—referring to their compatibility and equivalence in certain religious, social, and economic aspects. The necessity of this study stems from the central role this concept plays in Ḥanafī jurisprudence, and the need for a clear exposition of its criteria and legal consequences, especially amid interpretive differences across Islamic schools of thought. Using a literature-based method and a descriptive-analytical approach, this research examines five main dimensions of this parity-religion, lineage, wealth, profession, and the Islam of the spouses’ fathers-based on authoritative Ḥanafī sources. The findings indicate that, according to the Ḥanafī school, such parity is a condition for the binding force of the marriage contract, not its validity; a marriage lacking this equivalence remains valid, but the wife or her guardians retain the right to annul it at the time of the contract. This right does not extend to changes occurring after the contract. The study concludes that maintaining this parity at the time of marriage contributes significantly to marital stability, reduces family disputes, and upholds the dignity of the wife from the Ḥanafī perspective.
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