The Understanding of Malayisan Society on Kafa'ah Concept in Marriage

Abstract

Etimologically, kafa’ah means suitability or equality. Marriage in Islam is considered as ‘ibadah. Therefore, performing a marriage means completing part of the religious duties. Perceived from the definition of marriage, which is to create a family full of love and mercy, the very important thing is to determine and choose a suitable partner, through a kafa’ah assessment process, and it must be given due attention by the wali before marrying off their daughters. This article only explores the understanding of the Malaysian society on the concept of kafa’ah in marriage in line with Shariah perspective. To answer that question, this article focuses on the meaning of kafa’ah, its position in the marriage contract and the characteristics of kafa’ah. The writer views that it is reasonable to reevaluate the characteristics of kafa’ah as understood by jurists in the past to suit the present times. The methodology employs quantitative which involved collecting data from the community about their perceptions on the importance of the kafā’ah in marriage and the elements of kafa’ah. The findings of this article are most of the concept of kafa’ah had been discussed in the literatures by the classical jurists, and the understanding of the society on kafa’ah is in line with the Shari’ah. Among Malaysians, the consideration of kafa’ah in marriage is desirable in religion to coincide with the standards of the four schools.