Change and Conflict in Contemporary Omani Society: The Case of Kafa'a in Marriage

Abstract

This article explores the conflict between Omani traditional culture1 and modern change by examining the practice of kafa'a2 in present-day Oman. kafa'a—which refers to the notion that the husband's family should be equal or superior in terms of social, religious or economic background to the wife's family if the marriage is to be accepted—exemplifies a type of social and legal inequality that is at odds with State rhetoric on equality but congruent with the type of hierarchical social structure traditionally valued by Omanis, which tolerates a high degree of inequality between individuals and groups. I argue that the recognition of kafa'a as a condition of marriage in Article 20 of the Omani Personal Status Law serves to, in effect, reinforce traditional tribal and religious cultural practices in Oman. 1 Bearing in mind the complexity of defining culture, it is defined in this article as what people in Oman think, value, believe and hold as ideas. Thus, culture in contemporary Omani society includes values that are derived from the long-established tribal and Ibadi religious institutions, social structural systems of life and behaviour. 2 In Arabic, kafa'a literally means ‘equality’. In Islamic legal terminology, kafa'a in marriage refers to the equivalence of the man and the woman, as defined by certain criteria. Specifically, an aspiring husband should be equal or superior to the proposed wife in terms of socio-economic status in order to be accepted as a suitable husband in marriage. In practice, therefore, kafa'a actually perpetuates and indeed promotes inequality between people because it legitimates discrimination against people judged to have lower socio-economic status. Further information on kafa'a in marriage and its legal and historical development in Islamic tradition can be viewed in Amalia Zomeno, ‘Kafa'a in the Maliki School: A Fatwa from Fifteenth Century Fez’, in R. Gleave and E. Kermeli (eds), Islamic Law: Theory and Practice (New York: IB Tauris, 1997), pp. 87–105; and Farhat J. Ziadeh, ‘Equality (Kafa'a) in Muslim Law of Marriage’, The American Journal of Comparative Law, 6(4) (1957), pp. 503–511.