Protecting women’s interest (Maslahah) in marriage through appointment of a guardian (wali) under Islamic law

Waliin general refers to a person who consents or leads a marriage contract. Under the majority school of law (jumhur) including the Shafi’is, wali constitutes one of the pillars of marriage the absence of whom will render the marriage void. On the other hand, under the Hanafischool of law, wali is...

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Main Authors:	Mohd, Azizah, Ibrahim, Badruddin, Abdul Razak, Syafiqah
Format:	Article
Language:	English English
Published:	UPM Press 2015
Subjects:	HQ503 The family. Marriage. Home K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/48472/ http://irep.iium.edu.my/48472/ http://irep.iium.edu.my/48472/1/48472_Protecting%20Women%E2%80%99s%20Interest.pdf http://irep.iium.edu.my/48472/2/48472_Protecting%20Women%E2%80%99s%20Interest_WOS.pdf

id	iium-48472
recordtype	eprints
spelling	iium-484722020-02-11T08:14:04Z http://irep.iium.edu.my/48472/ Protecting women’s interest (Maslahah) in marriage through appointment of a guardian (wali) under Islamic law Mohd, Azizah Ibrahim, Badruddin Abdul Razak, Syafiqah HQ503 The family. Marriage. Home K Law (General) KBP Islamic Law Waliin general refers to a person who consents or leads a marriage contract. Under the majority school of law (jumhur) including the Shafi’is, wali constitutes one of the pillars of marriage the absence of whom will render the marriage void. On the other hand, under the Hanafischool of law, wali is not a pillar but merely one of the conditions for execution of a marriage contract. Even though under the Hanafischool, the absence of wali does not seem to render the marriage invalid so long as the marriage fulfills some other conditions and the wali does not intervene in the marriage of his ward. Nevertheless, this condition does not seem to deny the importance of wali in the marriage of his ward. This paper is to highlight and emphasize on the fact that the appointment of wali in marriage of a woman is significantly to protect women’s or wards welfare (maslahah). The paper among others wishes to examine the importance and wisdom of having wali in marriage of a woman and exploring further the reason why the presence or consent of a wali is considered crucial particularly under the majority school of law. Examination will extend to analysis on the requirement of wali under the law in Malaysia and several Muslim Countries to serve as comparison. The research is basically library research. Minor part of the research involve interviews on certain opinions of the scholars on the importance of having wali in marriage. It is believed that this research will significantly contribute to knowledge especially in disclosing the philosophy and wisdom of having guardian (wali) in marriage of a woman under Islamic law while many Muslim women nowadays (with special reference to Malaysia) seem to disregard wali while contracting their marriage. UPM Press 2015-11 Article PeerReviewed application/pdf en http://irep.iium.edu.my/48472/1/48472_Protecting%20Women%E2%80%99s%20Interest.pdf application/pdf en http://irep.iium.edu.my/48472/2/48472_Protecting%20Women%E2%80%99s%20Interest_WOS.pdf Mohd, Azizah and Ibrahim, Badruddin and Abdul Razak, Syafiqah (2015) Protecting women’s interest (Maslahah) in marriage through appointment of a guardian (wali) under Islamic law. Pertanika Journal of Social Science & Humanities, 23 (S). pp. 75-84. ISSN 0128-7702 http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2023%20(S)%20Nov.%202015/07%20JSSH%20Vol%2023%20(S)%20Nov%202015_pg75-84.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	HQ503 The family. Marriage. Home K Law (General) KBP Islamic Law
spellingShingle	HQ503 The family. Marriage. Home K Law (General) KBP Islamic Law Mohd, Azizah Ibrahim, Badruddin Abdul Razak, Syafiqah Protecting women’s interest (Maslahah) in marriage through appointment of a guardian (wali) under Islamic law
description	Waliin general refers to a person who consents or leads a marriage contract. Under the majority school of law (jumhur) including the Shafi’is, wali constitutes one of the pillars of marriage the absence of whom will render the marriage void. On the other hand, under the Hanafischool of law, wali is not a pillar but merely one of the conditions for execution of a marriage contract. Even though under the Hanafischool, the absence of wali does not seem to render the marriage invalid so long as the marriage fulfills some other conditions and the wali does not intervene in the marriage of his ward. Nevertheless, this condition does not seem to deny the importance of wali in the marriage of his ward. This paper is to highlight and emphasize on the fact that the appointment of wali in marriage of a woman is significantly to protect women’s or wards welfare (maslahah). The paper among others wishes to examine the importance and wisdom of having wali in marriage of a woman and exploring further the reason why the presence or consent of a wali is considered crucial particularly under the majority school of law. Examination will extend to analysis on the requirement of wali under the law in Malaysia and several Muslim Countries to serve as comparison. The research is basically library research. Minor part of the research involve interviews on certain opinions of the scholars on the importance of having wali in marriage. It is believed that this research will significantly contribute to knowledge especially in disclosing the philosophy and wisdom of having guardian (wali) in marriage of a woman under Islamic law while many Muslim women nowadays (with special reference to Malaysia) seem to disregard wali while contracting their marriage.
format	Article
author	Mohd, Azizah Ibrahim, Badruddin Abdul Razak, Syafiqah
author_facet	Mohd, Azizah Ibrahim, Badruddin Abdul Razak, Syafiqah
author_sort	Mohd, Azizah
title	Protecting women’s interest (Maslahah) in marriage through appointment of a guardian (wali) under Islamic law
title_short	Protecting women’s interest (Maslahah) in marriage through appointment of a guardian (wali) under Islamic law
title_full	Protecting women’s interest (Maslahah) in marriage through appointment of a guardian (wali) under Islamic law
title_fullStr	Protecting women’s interest (Maslahah) in marriage through appointment of a guardian (wali) under Islamic law
title_full_unstemmed	Protecting women’s interest (Maslahah) in marriage through appointment of a guardian (wali) under Islamic law
title_sort	protecting women’s interest (maslahah) in marriage through appointment of a guardian (wali) under islamic law
publisher	UPM Press
publishDate	2015
url	http://irep.iium.edu.my/48472/ http://irep.iium.edu.my/48472/ http://irep.iium.edu.my/48472/1/48472_Protecting%20Women%E2%80%99s%20Interest.pdf http://irep.iium.edu.my/48472/2/48472_Protecting%20Women%E2%80%99s%20Interest_WOS.pdf
first_indexed	2023-09-18T21:08:45Z
last_indexed	2023-09-18T21:08:45Z
_version_	1777411110547226624

Protecting women’s interest (Maslahah) in marriage through appointment of a guardian (wali) under Islamic law

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