Miscellaneous of his equal status for, by

Miscellaneous Prohibitions:

In addition to the regular prohibition to marry, the following three minor prohibitions must also be borne in mind:

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1. Doctrine of Equality in Marriage:

The Hanafis hold that equality between the two parties is a necessary condition in marriage, and an ill-assorted or a runaway marriage is liable to be set aside. Such a marriage is called kifa’a. The true position of a kifa’a is that there is no legal prohibition to contract such a marriage, but the kazi is allowed to rescind the marriage under certain circumstances.

Ameer Ali illustrates this by saying that if a minor girl were to contract a runaway marriage with a servant of the family, the marriage would be annulled on the application of the guardian.

It must be noted, however, that this prohibition applies only to the woman; in other words, the husband must be the equal of the woman in social status. There is no corresponding provision that the man should marry a woman of his equal status for, by marriage, he was presumed to raise her to his own position.

2. Illicit Intercourse and Undue Familiarity:

If a person has illicit intercourse with a woman or commits acts of undue familiarity, some of the woman’s relations are forbidden to him.

3. Pilgrimage:

In Shiite and Shaafi law, a man who has come within the sacred precincts of the Ka’ba and put on a pilgrim’s dress may not enter into a contract of marriage while on the pilgrimage.