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Comparative fiqh

A comparison of the four schools on marriage

A comparison table of the authoritative views of the Hanafi, Maliki, Shafi'i and Hanbali schools on the main issues of marriage, talaq, rujuk, maintenance, custody and ʿiddah — and why Malaysia follows the Shafi'i school.

⏱ 6 min read§ 10 sections📚 17 sources🗓 Updated: 14 Oct 2026

General information, not legal advice or a fatwa. Disclaimer

📘 What you will learn

Key point: The four schools agree on the foundations of marriage, but details such as the wali, the wording of talaq and conditions in the contract can decide whether something is valid or whether a ruling takes effect. Husbands and wives in Malaysia are bound by state law, and for real cases should refer to the Syariah Court or the mufti's office, rather than choosing the easiest opinion.

This week's practice
  1. Discuss together as a couple whether to record additional conditions or taʿliq when the marriage is registered
  2. Check the talaq table on this page and avoid pronouncing talaq in anger
  3. Keep the numbers of your state mufti's office and Syariah Court for reference in real cases

At a glance

Agree & differ

Where the four schools agree, and where they differ

Agreed upon
  • Offer and acceptance (ijab and qabul)
  • Prohibition on marrying a mahram
  • Limit of four wives
  • The duty to be just
  • Maintenance of the wife is obligatory even if she is wealthy
Differ in the details
  • Position of the wali and witnesses
  • Elements of kafa'ah and minimum mahr
  • A "no polygyny" condition in the contract
  • The number of breastfeedings that creates prohibition
  • How rujuk works and the custody (hadhanah) period
Takhayyur (selecting from other schools)

Other schools' views in Malaysian statutes

Fasakh on broad groundsIncluding injustice in polygyny — in line with the Maliki school.
Arbiters can decide on divorceBroad powers for the hakam are associated with the Maliki school.
Court permission for polygynySiyasah syar'iyyah (administration), not prohibition.

1How to read this page

All four schools of Ahl al-Sunnah wal-Jama'ah agree on the foundations of marriage: offer and acceptance (ijab and qabul), the ban on marrying a mahram, the limit of four wives and the obligation to be just. Their differences lie in the details — and it is these details that often decide whether a contract is valid, or whether a talaq takes effect.

  • Each cell gives the authoritative view (the one given as fatwa) in that school, in brief. Within each school there are other views.
  • Cells marked (consult the mufti's office or your state Islamic religious office for the latest view) are summaries that need further checking against the authoritative texts of the school concerned.
  • This page is a comparative reference, not a fatwa. For real cases, refer to the Syariah Court or the state mufti's office.

2Wali, witnesses, kafa'ah and mahr

The hadith "There is no marriage except with a wali" is narrated by Abu Dawud 2085, at-Tirmidhi 1101 and Ibn Majah 1881 (graded sahih by many hadith scholars) and is the position of the majority. The Hanafi school relies on the apparent meaning of Surah al-Baqarah 2:230 and 2:232, which attribute the marriage to the woman.

Kafa'ah (sekufu) is the suitability of the husband to the wife. The majority regard it as a right of the wife and her wali — not a condition for the validity of the marriage — so that if both are content, the marriage remains valid. As for the mahr, all schools agree that there is no maximum (Surah an-Nisa' 4:20).

MatterHanafiMalikiShafi'iHanbali
WaliAn adult, sane woman may validly marry herself off; the wali may object if the husband is not a suitable match (sekufu)The wali is a condition for the validity of marriageThe wali is a pillar of marriage; a woman may not conclude her own marriage contractThe wali is a condition for the validity of marriage
WitnessesTwo men, or one man and two women; a fasiq witness is still validWitnessing is obligatory but may be deferred until after the contract, provided it is before consummation; what matters is that the marriage is made publicTwo upright Muslim men, present at the contractTwo upright Muslim men (the authoritative view)
Aspect of kafa'ahIslam, lineage, freedom, wealth, religion (piety), occupationReligion, and freedom from defects (al-Dardir, al-Sharh al-Kabir 2/248, as cited by Egypt's Dar al-Ifta)Religion/chastity ('iffah), lineage, freedom, occupation, freedom from defectsReligion, lineage, freedom, occupation, wealth (the authoritative view)
Minimum mahr10 silver dirhamsA quarter of a gold dinar or 3 silver dirhamsNo minimum — anything of valueNo minimum — anything of value
The Shafi'i and Hanbali view is supported by the hadith "Look for something, even an iron ring" (Sahih al-Bukhari 5121; narrated by Muslim). In Malaysia, the minimum mahr rate is set administratively by each state's religious council.

3Conditions in the contract, including a no-polygyny condition

May a wife stipulate in the contract that her husband will not marry another? This is one of the most important differences on the topic of polygyny.

MatterHanafiMalikiShafi'iHanbali
A "no polygyny" conditionThe condition is not binding; the contract is validThe condition need not be fulfilled (Egypt's Dar al-Ifta, fatwa 12463); that it is disliked to stipulate it but takes effect if made in the form of a taʿliq/oath (consult your state mufti's office)The condition is void (it conflicts with the purpose of the contract); the contract is validThe condition is valid and must be fulfilled; if it is breached, the wife is entitled to have the marriage dissolved (fasakh)
Other conditions that benefit the wife (example: not being moved out of her home state)Need not be fulfilled (Egypt's Dar al-Ifta, fatwa 12463)Need not be fulfilled (Egypt's Dar al-Ifta, fatwa 12463); the exception for the taʿliq form is consult your state mufti's officeNot binding if it conflicts with the purpose of the contractValid and binding
The Hanbali school cites the hadith "The conditions most deserving of fulfilment are those by which you made lawful the private parts" (Sahih al-Bukhari 2721; narrated by Muslim). Some countries recognise such conditions in their family law: Jordan's Personal Status Law 2019, Article 37(a) — a wife's condition that her husband not marry another wife is valid, and if it is breached the wife may apply for annulment (fasakh); Morocco's Family Code 2004, Article 40 — polygyny is prohibited if the wife stipulated in the contract that her husband will not marry another wife. In Malaysia, the National Fatwa Committee Muzakarah No. 71 (22–24 November 2005) decided that the proposal to add a taʿliq divorce formula triggered by the husband taking another wife need not be implemented. Whether a voluntary additional taʿliq can be recorded at registration please check with the state Islamic Religious Affairs Office.

4Triple talaq and talaq in anger

Further details are on the Talaq page.

MatterHanafiMalikiShafi'iHanbali
Triple talaq in a single utteranceCounts as threeCounts as threeCounts as threeCounts as three (Ibn Taymiyyah, a Hanbali scholar, held that it counts as one)
Talaq in ordinary anger (still in control of oneself)Takes effectTakes effectTakes effectTakes effect
Talaq in extreme anger (loss of awareness)Does not take effectDoes not take effectDoes not take effectDoes not take effect. Ibn al-Qayyim (Zad al-Ma'ad, volume 5) divides anger into three levels and regards as strong the view that divorce does not take effect at the level of anger that is intense but does not remove reason entirely; this is his own view; consult your state mufti's office for the authoritative view of the school
Talaq bid'i (during menstruation)Takes effect, sinfulTakes effect, sinful; the husband is compelled to take her back (rujuk)Takes effect, sinfulTakes effect, sinful (Ibn Taymiyyah: does not take effect)

5Breastfeeding that creates prohibition (radha'ah)

The Hanafi and Maliki schools rely on the general wording of Surah an-Nisa' 4:23 ("your mothers who nursed you"). The Shafi'i and Hanbali schools rely on the hadith of Aishah about five known feeds (narrated by Muslim). The two-year limit is based on Surah al-Baqarah 2:233.

MatterHanafiMalikiShafi'iHanbali
Number of feedsLittle or much, it creates prohibitionLittle or much, it creates prohibitionFive separate, satisfying feedsFive feeds (the authoritative view)
Age limit of the babyAbu Hanifah: 30 months; Abu Yusuf and Muhammad: 2 years (the view given as fatwa)Within 2 years and the period close to it (the well-known view of Malik); one narration mentions one to three months after, while the narration in al-Muwatta' does not recognise suckling after 2 years (Ibn al-Qayyim, Zad al-Ma'ad, volume 5)Before reaching 2 lunar yearsBefore reaching 2 years

6Reconciliation (rujuk) and witnesses to rujuk

The basis of the discussion on witnesses is Surah at-Talaq 65:2. See ʿIddah & rujuk.

MatterHanafiMalikiShafi'iHanbali
Method of reconciliation (rujuk)Words, or action (intercourse, touching with desire)Words, or action accompanied by the intention of rujukWords only; intercourse does not count as rujukWords, or intercourse (the authoritative view)
Witnesses to rujukSunatSunatRecommended (qaul jadid); obligatory (qaul qadim)Recommended (the well-known narration); one narration: obligatory
Wife's consentNot requiredNot requiredNot requiredNot required

7Maintenance (nafkah) of the wife — including a wealthy wife

All four schools agree that the wife's maintenance (nafkah) is obligatory on the husband even if the wife is wealthier than he is. The wife's property is her own; she is not obliged to spend it on the household (Surah an-Nisa' 4:34; Surah at-Talaq 65:7). In polygyny, each wife is entitled to her own maintenance, justly.

MatterHanafiMalikiShafi'iHanbali
Maintenance of a wealthy wifeObligatory on the husbandObligatory on the husbandObligatory on the husbandObligatory on the husband
Measure of the amount of maintenanceThe view given as fatwa: takes into account the circumstances of both husband and wife (consult your state Islamic religious office)Takes into account the circumstances of both husband and wifeAccording to the circumstances of the husband only (wealthy, middling, poor)Takes into account the circumstances of both husband and wife
Nafkah tertunggakLapses with the passage of time (Ibn al-Qayyim, Zad al-Ma'ad, volume 5); the exception where it was fixed by a judge or agreed is consult your state mufti's officeBecomes a debt — the well-known view (Ibn al-Qayyim, Zad al-Ma'ad, volume 5)Becomes a debt owed by the husbandBecomes a debt owed by the husband

8Custody (hadhanah) — age and order of custodians

All the schools agree that the mother has the strongest right to look after a young child so long as she is fit and has not married a man who is not a mahram of the child — based on the hadith "You have more right to him so long as you do not marry" (narrated by Abu Dawud 2276; graded hasan). Act 303 s.81 and s.84 and the state enactments make the mother the primary custodian; the custody period ends at 7 years for a boy and 9 years for a girl (the court may extend it), and after that a child of discernment may choose. In every decision, the court weighs the welfare of the child.

MatterHanafiMalikiShafi'iHanbali
Custody period for a boyUntil able to look after himself (about 7 years)Until pubertyUntil the age of discernment (mumayyiz) (about 7 years), then the child is given a choiceUntil 7 years, then the child is given a choice
Custody period for a girlUntil menstruation (puberty); the fatwa puts it at around 9 yearsUntil she marries and the marriage is consummatedUntil the age of discernment (mumayyiz), then the child is given a choiceUntil 7 years according to common summaries, then transferred to the father; Ibn al-Qayyim (Zad al-Ma'ad, volume 5) reports the well-known view of Ahmad: the mother has the right until 9 years, then the father without a choice (please check the authoritative Hanbali works)
Initial order of custodiansMother, mother's mother, then father's motherMother, mother's mother, then maternal aunt (consult the mufti's office or your state Islamic religious office for the latest view)Mother, mother's mothers, then father and father's mothers (please check the order after the maternal grandmother)Mother, the mother's mothers, then the father, then the father's mothers — the well-known narration (Ibn Qudamah, al-Mughni, cited in Zad al-Ma'ad, volume 5)

9ʿIddah

The full table of ʿiddah periods is on the ʿIddah & rujuk page.

MatterHanafiMalikiShafi'iHanbali
Meaning of quru' (2:228)Menstrual periodsPurity (the intervals between periods)Purity (the intervals between periods)Menstrual periods (the authoritative view)
ʿIddah of a pregnant widowUntil she gives birthUntil she gives birthUntil she gives birthUntil she gives birth
ʿIddah after khulʿ3 quru'3 quru'3 quru'3 quru' (one narration: one menstrual period)
Mourning (ihdad) during the ʿiddah of an irrevocable talaq (talaq ba'in)ObligatoryNot obligatorySunatTwo narrations from Ahmad: not obligatory, and obligatory (chosen by al-Khiraqi) (Zad al-Ma'ad, volume 5); the authoritative view is consult your state mufti's office

10Why Malaysia follows the Shafi'i school — and takhayyur in statute

The Shafi'i school has been the position of Muslims in the Malay world for centuries, brought by scholars and traders from Hadramawt, India and West Asia, and taught through the pondok schools and Jawi texts such as Sabil al-Muhtadin and Matla' al-Badrain. The Constitution and state laws place Islamic affairs under the authority of the Ruler/Sultan and the state religious council, and most state religious administration enactments direct the mufti to follow the authoritative view of the Shafi'i school first.

However, the Islamic family laws codified since the 1980s use takhayyur — choosing the view of another school where it better serves the public good (maslahah):

  • Judicial dissolution (fasakh) on broad grounds (including injustice in polygyny and mistreatment) — in line with the breadth of the grounds for fasakh in the Maliki school.
  • Arbitrator (hakam) who may decide on divorce — broad powers for the arbitrator are characteristic of the Maliki school.
  • Controlling polygyny through court permission — siyasah shar'iyyah (administration), not prohibition.
  • For the Federal Territories, Act 505 s.39 directs the mufti to follow the accepted views (qaul muktamad) of the Shafi'i school, but allows the accepted views of the Hanafi, Maliki or Hanbali school if following the Shafi'i view would lead to a situation contrary to the public interest. The equivalent provisions in other states' administration enactments should be checked state by state.
Takhayyur is done institutionally by the authorities — the courts, muftis and legislatures. It is different from arbitrary talfiq by individuals looking for the easiest opinion in a single matter.

Sources & references

Surah al-Baqarah 2:228, 2:230, 2:232, 2:233Surah an-Nisa' 4:20, 4:23, 4:34Surah at-Talaq 65:2, 65:7Sahih al-Bukhari 2721; narrated by Muslim — "The conditions most deserving of being fulfilled…"Sahih al-Bukhari 5121; narrated by Muslim — "even a ring of iron"Narrated by Muslim — the hadith of Aishah on five feedsSahih Muslim, Kitab at-Talaq (triple talaq in the time of the Messenger of Allah ﷺ)Narrated by Abu Dawud 2085, at-Tirmidhi 1101 and Ibn Majah 1881 (sahih) — "There is no marriage without a wali"Narrated by Abu Dawud 2276 — the mother's right of custody (hadhanah) (hasan)Wahbah al-Zuhayli, al-Fiqh al-Islami wa AdillatuhIslamic Family Law (Federal Territories) Act 1984 (Act 303) s.81, 84The states' Administration of Islamic Religion and Islamic Family Law EnactmentsAdministration of Islamic Law (Federal Territories) Act 1993 (Act 505) s.39Ibn al-Qayyim, Zad al-Ma'ad, volume 5 (chapters on talaq, nursing, maintenance, custody and mourning)Dar al-Ifta al-Misriyyah — fatwa study 266 (al-Kafa'ah fi an-Nikah) and fatwa 12463 (the wife's conditions in the contract) — https://www.dar-alifta.orgJordan Personal Status Law 2019, Article 37; Morocco Family Code 2004, Article 40National Fatwa Committee Muzakarah No. 71 (22–24 November 2005) — Ruling on an optional taʿliq divorce for the wife if the husband takes another wife

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