Differences between schools
The marriage contract is different according to each legal school.
Below are the unique characteristics of each school and a table comparing the differences between them.
This variety of legal solutions has always been considered a richness of Islamic thought.
Hanafi
Maliki
Shafi’i
Hanbali
Les particularités pour l’école Hanafite
Les particularités pour l’école Malékite
Les particularités pour l’école Chaféite
Les particularités pour l’école Hanbalite
The guardian (Wali)
Presence of the guardian
Not required if the woman is of age
Required
Required
Required
Witnesses
Witnesses
Required during the marriage ceremony
Witness: 2 men or 1 man and 2 women
Required during the wedding ceremony or after the wedding night
Witness: 2 men only
Required during the marriage ceremony
Witness: 2 men only
Required during the marriage ceremony
Witnesses: 2 men only
In an interfaith marriage
Possible choices Muslim and/or non-Muslim man
Man must be Muslim
Man must be Muslim
Man must be Muslim
Dower
Conditional dower
Yes
No
No
Yes
Dower
(Option to include profit from work)
No
Yes
Yes
Yes
Minimum dower
Yes
Yes
No
No
Deferred dower
Yes
Yes
Yes
Yes
Conditions (Shurut)
Types of conditions
Promise made to the wife
With the husband’s obligatory acceptance
Promise made to the wife
With the husband’s obligatory acceptance
Promise made to the wife
With the husband’s obligatory acceptance
Commitment to the wife
With the husband’s obligatory acceptance
Type of sanctions
Sanction with the husband’s agreement
Sanction with the husband’s agreement
Sanction with the husband’s agreement
Automatic sanction
Maintenance for the wife and household
Appropriate amount
According to the husband’s means and the wife’s standard of living prior to the marriage
According to the husband’s means and the wife’s standard of living prior to the marriage
Only according to the husband’s financial means
According to the husband’s means and the wife’s standard of living prior to the marriage
Divorce
Custody of children (hadana) in the event of divorce
No waiver
Option to waive
Option to waive
Option to waive
Custody of children (hadana) in the event of divorce in an interfaith marriage
Custody only for Muslims
Custody not reserved for Muslims
Custody only reserved for Muslims
Custody not reserved for Muslims
Increase in the dower
Yes
Yes
Yes
Yes
Talaq al Tafwid
Delegation of divorce to the wife by the husband
Irrevocable
Irrevocable
Revocable
Revocable
Spousal support
Muta
Optional
Optional
Required
(free amount)
Optional
La Kafa'ah
Number of possible criteria
6 criteria
- The spouses are equal in birth
- Equally long history in Islam
- The husband’s profession is as honorable as that of the wife’s father
- The spouses have equal morality and equal piety
- The spouses have equal wealth
- There are no slaves in the husband’s family
1 criteria
- The spouses have equal morality and equal piety
6 criteria
- The spouses are equal in birth
- Equally long history in Islam
- The husband’s profession is as honorable as that of the wife’s father
- The spouses have equal morality and equal piety
- The spouses have equal wealth
- There are no slaves in the husband’s family
6 criteria
- The spouses are equal in birth
- Equally long history in Islam
- The husband’s profession is as honorable as that of the wife’s father
- The spouses have equal morality and equal piety
- The spouses have equal wealth
- There are no slaves in the husband’s family