Walayah (Guardianship) and Kafa’a (Equality) in Muslim Marriage verses the Woman’s Consent

Abstract

This article explores the adult woman s consent as a paramount element in contracting a Muslim marriage. It considers whether permission of the wali (male guardian) is a condition, per se, for a valid marriage in the eyes of the law and of Sharia. In order to address the issue in hand, it provides a brief overview of contemporary writers opinions, in which the appropriate place of a woman s consent in Muslim marriage is highlighted. Key to the idea of a young Muslim woman s marriage, the doctrine of kafā’a (equality or suitability), the match between the man and woman, and its grounding in patriarchal and social norms is also discussed. The main conclusion of this paper is that both concepts are used in a bid to keep the upper hand in the marriage. Also, on the one hand, the marriage guardianship is a desire of controlling position of the man and on the other, kafā’a limits the woman s choice in choosing a life partner.