A Research Review of the Sharīʿah Status and Limits of Guardianship (Wilāyah) in Matters of Nikāḥ

Abstract

Every human being naturally desires to select a life partner for their social and marital life with whom they can spend their days within the bounds of modesty, honor, and chastity, and who, like refreshing springs, scatters joy and delight throughout their existence. Marriage, in truth, is the name for the mutual agreement of two families, the foundation and formation of a new family unit, and a strong bond in life's crucial affairs. For this reason, it is exceedingly appropriate and expedient that such a vital matter as marriage be conducted under the supervision of individuals who possess experience and insight into life and its complexities, are familiar with the vicissitudes of circumstances, and could unravel life's intricacies. This is precisely why a marriage performed under the guardianship of a wali is considered more robust, stable, and enduring compared to one undertaken purely at one's own discretion. Consequently, Muslim men and women, under the principle of guardianship in marriage, either exercise their own judgment or benefit from the opinion and authority of the wali. In doing so, they transform the restlessness of their carnal desires into tranquillity, entrust their lives to a trusted guardian, and embark on a new journey. In this context, a noteworthy question arises—one that frequently surfaces in academic gatherings, discussions, and talk shows nowadays: When a man and a woman like each other, love one another, and intend to spend the springs of life together, why does religion or Sharia seek to bind them with the rigors of legal restrictions? Or why does Sharia deprive such individuals of their autonomy and consign their lives to those who differ from them in age, mindset, and lifestyle?

It is against this backdrop that this research study will delve in detail into the limits of guardianship in marriage, the rights of guardians to object, the Sharia status of the consent or lack thereof from mature boys and girls, and the authorities for dissolving a marriage.