Abstract
Debates over Equality of Marriage (kaf??a) in Contemporary Saudi Arabia
Western scholars of Islamic law who have examined the subject of equality in marriage (kaf??a), particularly as it relates to equality of lineage, consider its relevance to have diminished in the present day. Though this may be true in general, the evidence from Saudi Arabia would appear to conflict with this assessment. Kaf??a remains today an issue of often bitter contention within Saudi society, and is the subject of frequent debate and discussion both within the religious ruling establishment and without. In light of kaf??a’s survival as a living doctrine in Saudi Arabia, this paper examines the various ways in which kaf??a has been invoked and interpreted within Saudi clerical and lay debates, taking into account both the Islamic legal dimension and the sociological context in which these debates play out. Specifically, it will seek to explain why the premier mid-twentieth century Saudi scholar Mu?ammad ibn Ibr?h?m ?l al-Sheikh (d. 1389/1969) and his successor ?Abd al-Azi?z ibn B?z (d. 1420/1999) demonstrated divergent attitudes to the question of kaf??a in their religious rulings (fat?w?) on the matter. In sociological terms, it might be tempting to attribute this difference in attitude between student and mentor to the rapid transformation Saudi Arabia underwent through the lifespan of the two scholars. But as the history of kaf??a in ?anbal? legal discourse proves, both support for and opposition to various aspects of the doctrine are embedded within the legal tradition. Finally, this paper will examine some of the contemporary debates surrounding the question of marital compatibility in relation to tribal lineage in Saudi Arabia. It will be argued that the frequency with which contemporary Saudi Muft?s demonstrate disapproval of genealogical considerations in marriage arrangements points to a reformist drive among Saudi clergy to stamp out discrimination on the basis of lineage in the Najd and beyond. At the same time, it will be concluded, the strength of this drive is a consequence of the frequency with which lay anxieties over equality of lineage in marriage rise to the surface of Saudi public discourse.
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