A Sharia and Research Review of Various Aspects of the Guardian's Powers in Marriage

Abstract

The status and authority of a guardian (wali) in marriage is an important subject in Islamic jurisprudence. A wali is a person who, according to Shariah, acts as the guardian of a girl or woman. The term "wali" is used in a legal sense to refer to guardianship. In marriage, a wali is the person who serves as the guardian of the bride or groom. The order of guardianship follows the same pattern as inheritance, starting with the son, followed by the father, grandfather, and so on.

The role of a wali is particularly significant in the marriage of girls. It is generally considered necessary for a girl to have the consent and approval of her wali for marriage. If a girl marries without the permission of her wali, the marriage may be considered invalid under Islamic law. However, this rule does not apply in every situation. If a wali is absent or has no objection to the girl's decision, then the marriage may be valid even without the wali’s approval.

A wali has the authority to make decisions regarding a girl’s marriage based on his knowledge and experience. However, Islam also emphasizes individual rights. If a wali tries to impose his will on a girl unilaterally, she has the right to make her own decision.

The scope of a wali’s authority in marriage is a complex issue linked to Islamic rulings and social traditions. While the consent and approval of a wali are important, it is equally necessary to respect the personal rights of the girl. Maintaining a balance in such matters is crucial to ensure that both Islamic laws and the girl's consent are considered. In view of the importance of this subject, this article will provide a detailed discussion on the authority of a wali considering Islamic teachings.