Wilaya and kafa'a

Islamic Fiqh > Marriage and family > Wilaya and kafa'a

Marital guardianship: its 5 causes by priority order, the mature woman, and kafa'a (equivalence) per the schools.

Updated on 06 October 2026 at 10:50 PM

Kafaa (spousal equivalence) from A to Z: its status, criteria (religion, lineage, craft, wealth, freedom), its consequences and disagreement cases.

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Frequently asked questions

Who is the wali of a woman without father?

The agnates in order (son, brother, uncle), then judge or authority: 'the sovereign is the wali of whoever has no wali' (Abu Dawud 2083).

May the wali refuse a marriage?

Yes for a real religious cause (invalid or gravely harmful marriage); capricious refusal is settled by the judge in the bride's favor.

Is kafa'a a validity condition?

No: a condition of the marriage's preservation, not of validity, in the 4 schools; upon a notable mismatch, the wife (or her wali) may seek dissolution, a right waivable by consent.

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