In order to maintain a harmonious relationship between husband and wife after marriage Shari’at has

emphasized that Kufu (compatibility) be present before Nikaah. This Kufu is taken in to consideration with regards to certain factors only.

If the girl is of Arab descent then Kufu will be considered with regards to the following:

1. Family Lineage – Amongst the Arabs certain lineage where of a higher status then others e.g. The Wali of a Quraishi girl could stop her from marrying a non-Quraishi. This specialty is only given to the Quraish. The rest of the Arabs are equal in lineage. (Fataawa Hindiyyah Vol. 1 Pg. 290). Similarly, a non-Arab is not equal in lineage to an Arab, so the Wali of a girl can also stop her from marrying a non-Arab. Family Lineage is only considered when the girl is of Arab descent. (Shaami Vol. 3 Pg. 87) 

2. Wealth- The husband should be able to afford to pay the wife’s dowry and maintenance.

3. Freedom -a free woman is not compatible with a slave. (Shaami Vol. 3 Pg. 87) 

4. Piety -a pious Bride or the daughter of a pious man is not compatible with a wretched groom. (Shaami Vol. 3 Pg. 89) 

5. Profession-The profession of the family of the girl is also considered e.g. if her father is a businessman then he can stop his daughter from marrying someone who has a menial job such as a street sweeper.

If the girl is of non-Arab descent then Kufu will be considered in the following:

1. Islam - In non-Arabs one would consider Islam of the boy and girl’s father and grandfather. A girl whose father is also Muslim is not compatible with a boy whose father is not a Muslim. similarly, a girl whose father and grandfather are both Muslims is not compatible with a boy whose father is only a Muslim. (Fataawa Hindiyyah Vol. 1 Pg. 290) 

2. Wealth (as explained above)

3. Piety (as explained above)

4. Freedom (as explained above)

5. Profession (as explained above)

Kufu is considered with regard to the groom only and it is the right of the girls Wali (father/Shar’i guardian) (Shaami Vol. 3 Pg. 85). If the girl has married a boy who has a higher status then her then in this case the Wali would not have the right to break the Nikaah.(Fataawa Hindiyyah Vol. 1 Pg. 290). Shariat does not take into consideration nationality or race except in the case of an Arab as mentioned above when considering Kufu. (Shaami Vol. 2 Pg. 93). So, if their denial is merely being from a different place then their denial has no basis. However, if it is due to any of the above-mentioned factors that are considered in Kufu then it will be the right of the father to withhold his permission. Factors such as beauty are not considered as factors of Kufu however, the Fuqaha have explained that there should be a reasonable amount of equality in beauty as well. (Shaami Vol. 3 Pg. 92) 

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Ebrahim Patel

CHECKED AND APPROVED BY:  Mufti Muhammed Saeed Motara Saheb D.B. 

Islamic Date: 21Safar 1440 English Date: 31 October 2018