Maleness (dhukura) as a condition in the rulings

الذكورة (في الفقه)

Maleness is the opposite of femaleness, and the jurists treat it as a condition in several rulings: the Malikis require it for leading prayer, and most jurists bar a woman from leading men; it is required for the obligation of Friday prayer, of holy war and for the supreme imamate. 1 2 3 4 On marriage and judgeship the schools differ: the majority require a male guardian and a male judge, while the Hanafis allow a mature woman to contract her own marriage and to judge in cases without hadd penalties. 2 3 4

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
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Family, marriage and kinshipWomen

Summary

Maleness is the opposite of femaleness, and the jurists treat it as a condition in several rulings. 1 The Malikis require it for leading prayer, and the majority bar a woman from leading men; the Hanbalis and others allow a woman to lead women. 1 2 Maleness is a required condition for the obligation of Friday prayer and of holy war, so neither a woman nor an intersex person of uncertain sex is bound. 2 3

Governance

The jurists agree that maleness is a condition for the supreme imamate. 4 The majority require a male judge, while the Hanafis allow a woman to judge in cases without hadd penalties. 4

Marriage

The majority require a male guardian, so a woman may not contract her own marriage, while the Hanafis allow a mature woman to contract her own marriage. 2 3

People and things also explored

Obstructing a marriage (adl): the guardian and the husband· Fleshy growth in the wife's womb and the right to annul (afal)· The woman left unmarried (anus) and the rules on her consent and maintenance· Jāhilī Marriage Forms· The social condition of the Arabs before Islam· Waʾd (Infant Burial)· The custody of Hamza's daughter· The marriage of Fatima and Ali

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8474
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8475
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8476
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8477
Cite this page

islam.museum contributors. “Maleness (dhukura) as a condition in the rulings”. islam.museum, https://islam.museum/en/concept/dhukura-fiqh/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

Obstructing a marriage (adl): the guardian and the husband

In the lexicon, adl means to prevent, and the jurists use it of a guardian who prevents his ward's marriage, and in the case of divorce for ransom of a husband who harms his wife so that she will pay him back. In principle it is forbidden for a guardian to prevent a ward's marriage to a suitable husband, and for a husband to harm his wife to force her to ransom herself; a guardian may be permitted to refuse for the woman's own benefit. A guardian is an obstructer when a woman asks for a suitable husband, or a suitable man proposes, and he refuses without a valid reason, whether or not she asks for her proper dower; the Hanafis do not count refusing a dower below the usual amount as obstruction, and the Malikis do not count a compelling father's rejection of suitors as obstruction unless harm is intended. Once obstruction is proven before the judge, he orders the marriage; if the guardian still refuses, guardianship passes to the ruler according to the Hanafis, Shafi'is, most Malikis and one Hanbali narration, or to the next guardian according to the main Hanbali view; if all guardians obstruct, the judge contracts the marriage.