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Kafāʾa (Compatibility) in Marriage and Its Legal Effect in Jordan

Concept of kafāʾa (compatibility) in Jordanian marriage law, the guardian's right to seek annulment for its absence, and judicially recognized criteria

Based on official Jordanian law — Personal Status Law No. 15 of 2019
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  • Cites Personal Status Law No. 15 of 2019

Answer

Based on official Jordanian legal texts

Compatibility (kafāʾa) in marriage under Jordanian law means the husband's suitability to the wife in recognized qualities. Article 21 of the Personal Status Law requires, for the binding nature of the marriage, that the man be compatible with the woman in religiosity and means; compatibility of means means that the husband is able to provide the prompt dowry and the wife's maintenance.

Article 21 provides that compatibility is a right belonging to the woman and her guardian, observed at the time of the contract; if it ceases afterward, that does not affect the marriage. Article 22 clarifies that if a woman is married to one who is not compatible without consent, or the husband claims compatibility and the contrary appears, the person with the right may seek annulment of the marriage. Article 23 limits this right, which lapses by consent, pregnancy, or the passage of time after learning of the marriage.

Lack of compatibility may therefore give the guardian or wife a right to object within the limits the law sets, rather than voiding the contract automatically.

Assessing whether compatibility exists and whether the right to object stands remains within the Sharia Court's competence on the facts of each case.

This is a general explanation based on Jordanian Personal Status Law and does not replace advice from a qualified lawyer in a specific dispute.

Frequently Asked Questions

What attributes are legally considered in kafāʾa?
Religion and religious commitment, morals and reputation, financial capacity (yasār), soundness from material defects, and sometimes lineage and social status by family.
What is NOT considered lack of kafāʾa?
Relative poverty with capacity for basic support, nationality difference in cases, color or ethnic difference, reasonable age gap, and cultural differences within reasonable limits.
Does the wife have the right to seek annulment for lack of kafāʾa?
Yes in material-gap cases, by filing an annulment case at the Sharia Court with strong evidence, and a court ruling preserving her financial rights.

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