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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.
General information, not legal advice or a fatwa. Disclaimer
- Understand the foundations of marriage on which the four schools agree
- Know the differences between the schools on the wali, witnesses, talaq, maintenance and custody
- Know the position of a 'no polygyny' condition in the contract according to each school
- Understand why Malaysia follows the Shafi'i school and uses takhayyur in statute
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.
- Discuss together as a couple whether to record additional conditions or taʿliq when the marriage is registered
- Check the talaq table on this page and avoid pronouncing talaq in anger
- Keep the numbers of your state mufti's office and Syariah Court for reference in real cases
At a glance
Where the four schools agree, and where they differ
- 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
- 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
Other schools' views in Malaysian statutes
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).
| Matter | Hanafi | Maliki | Shafi'i | Hanbali |
|---|---|---|---|---|
| Wali | An 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 marriage | The wali is a pillar of marriage; a woman may not conclude her own marriage contract | The wali is a condition for the validity of marriage |
| Witnesses | Two men, or one man and two women; a fasiq witness is still valid | Witnessing is obligatory but may be deferred until after the contract, provided it is before consummation; what matters is that the marriage is made public | Two upright Muslim men, present at the contract | Two upright Muslim men (the authoritative view) |
| Aspect of kafa'ah | Islam, lineage, freedom, wealth, religion (piety), occupation | Religion, 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 defects | Religion, lineage, freedom, occupation, wealth (the authoritative view) |
| Minimum mahr | 10 silver dirhams | A quarter of a gold dinar or 3 silver dirhams | No minimum — anything of value | No minimum — anything of value |
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.
| Matter | Hanafi | Maliki | Shafi'i | Hanbali |
|---|---|---|---|---|
| A "no polygyny" condition | The condition is not binding; the contract is valid | The 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 valid | The 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 office | Not binding if it conflicts with the purpose of the contract | Valid and binding |
4Triple talaq and talaq in anger
Further details are on the Talaq page.
| Matter | Hanafi | Maliki | Shafi'i | Hanbali |
|---|---|---|---|---|
| Triple talaq in a single utterance | Counts as three | Counts as three | Counts as three | Counts as three (Ibn Taymiyyah, a Hanbali scholar, held that it counts as one) |
| Talaq in ordinary anger (still in control of oneself) | Takes effect | Takes effect | Takes effect | Takes effect |
| Talaq in extreme anger (loss of awareness) | Does not take effect | Does not take effect | Does not take effect | Does 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, sinful | Takes effect, sinful; the husband is compelled to take her back (rujuk) | Takes effect, sinful | Takes 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.
| Matter | Hanafi | Maliki | Shafi'i | Hanbali |
|---|---|---|---|---|
| Number of feeds | Little or much, it creates prohibition | Little or much, it creates prohibition | Five separate, satisfying feeds | Five feeds (the authoritative view) |
| Age limit of the baby | Abu 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 years | Before 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.
| Matter | Hanafi | Maliki | Shafi'i | Hanbali |
|---|---|---|---|---|
| Method of reconciliation (rujuk) | Words, or action (intercourse, touching with desire) | Words, or action accompanied by the intention of rujuk | Words only; intercourse does not count as rujuk | Words, or intercourse (the authoritative view) |
| Witnesses to rujuk | Sunat | Sunat | Recommended (qaul jadid); obligatory (qaul qadim) | Recommended (the well-known narration); one narration: obligatory |
| Wife's consent | Not required | Not required | Not required | Not 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.
| Matter | Hanafi | Maliki | Shafi'i | Hanbali |
|---|---|---|---|---|
| Maintenance of a wealthy wife | Obligatory on the husband | Obligatory on the husband | Obligatory on the husband | Obligatory on the husband |
| Measure of the amount of maintenance | The 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 wife | According to the circumstances of the husband only (wealthy, middling, poor) | Takes into account the circumstances of both husband and wife |
| Nafkah tertunggak | Lapses 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 office | Becomes a debt — the well-known view (Ibn al-Qayyim, Zad al-Ma'ad, volume 5) | Becomes a debt owed by the husband | Becomes 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.
| Matter | Hanafi | Maliki | Shafi'i | Hanbali |
|---|---|---|---|---|
| Custody period for a boy | Until able to look after himself (about 7 years) | Until puberty | Until the age of discernment (mumayyiz) (about 7 years), then the child is given a choice | Until 7 years, then the child is given a choice |
| Custody period for a girl | Until menstruation (puberty); the fatwa puts it at around 9 years | Until she marries and the marriage is consummated | Until the age of discernment (mumayyiz), then the child is given a choice | Until 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 custodians | Mother, mother's mother, then father's mother | Mother, 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.
| Matter | Hanafi | Maliki | Shafi'i | Hanbali |
|---|---|---|---|---|
| Meaning of quru' (2:228) | Menstrual periods | Purity (the intervals between periods) | Purity (the intervals between periods) | Menstrual periods (the authoritative view) |
| ʿIddah of a pregnant widow | Until she gives birth | Until she gives birth | Until she gives birth | Until she gives birth |
| ʿIddah after khulʿ | 3 quru' | 3 quru' | 3 quru' | 3 quru' (one narration: one menstrual period) |
| Mourning (ihdad) during the ʿiddah of an irrevocable talaq (talaq ba'in) | Obligatory | Not obligatory | Sunat | Two 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.
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