Kafa’ah as a Tool of Social Legitimacy in Marriage: An Empirical Analysis of Maslahah and Discrimination in Banda Aceh City

This study aims at examining kafa’ah as a tool of social legitimacy in marriage by investigating the tension between its intended role in maintaining maslahah (public welfare) and its potential to generate discrimination in the marriage practices of Banda Aceh. Historically, kafa’ah was formulated in classical fiqh (Islamic jurisprudence) to promote marital harmony. In the contemporary context, however, it has shifted into a mechanism of social selection, which leads to the rejection of marriages based on nasab (lineage), economic status, educational background, and social standing, including within particular communities such as sayyid–syarifah families and families imposing high dowry expectations. This study employs a socio-legal approach by integrating a review of classical and contemporary Islamic legal literature, an analysis of Islamic family law regulations, and empirical data obtained by means of interviews with individuals who experienced discriminatory marriage practices, religious leaders, and legal scholars. Findings indicate that the expansion of the criteria of kafa’ah beyond religious commitment and moral character is a socio-historical construction rather than normative of principles of Islamic law. Thus, its practice often reinforces social stratification and perpetuates the marginalization of certain people and groups. The study concludes that kafa’ah should be reconstructed as a flexible social consideration, not as a legal condition that limits the right to marry. Hence, this will be in line with the principles of maslahah, justice, and the objectives of Islamic family law in building a sakinah (peaceful and harmonious) family