EQUAL？TY AMONG THE SPOUSES？N ISLAM？C LAW

It is one of the controversial issues among the Islamic jurists (fuqaha) whether a man should be equal to the woman to whom he is married in terms of certain qualities, in the Islamic law (fiqh) literature. Unlike some Islamic jurists who claim that equality (qafa’ah) in marriage is necessary, other think that equality in marriage is not necessary. However, those who defend equality in marriage put forward different ideas. Equality is important for ensuring harmony between spouses and for keeping family happiness. The harmony provided with equality brings a compromise to the spouses. Thus, the problems that arise from the differences between spouses on the basic subjects are prevented. The woman and her legal protector are given the right to search for the equality, and this right is foreclosed with their consent. Search for the equality was found enough during marriage. Thus a certain amount of time has been allocated for the equality. There are differences between Islamic legal sects in the qualities of equality. In this study, the condition of equality in marriage has been examined and evaluated in terms of piety and wealth qualities