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

Wali in 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 Hanafi school of law, wali i...

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Bibliographic Details
Main Authors:	Mohd, Azizah, Ibrahim, Badruddin, Abdul Razak, Syafiqah
Format:	Conference or Workshop Item
Language:	English
Published:	2015
Subjects:	KBP Islamic Law KBP490 Furūʻ al-fiqh. Substantive law. Branches of law.
Online Access:	http://irep.iium.edu.my/43325/ http://irep.iium.edu.my/43325/ http://irep.iium.edu.my/43325/1/Maslahah_-_Azizah.pdf

id	iium-43325
recordtype	eprints
spelling	iium-433252015-06-10T03:58:38Z http://irep.iium.edu.my/43325/ Protecting women's interest (Maslahah) in marriage through appointment of a guardian (Wali) under Islamic law Mohd, Azizah Ibrahim, Badruddin Abdul Razak, Syafiqah KBP Islamic Law KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. Wali in 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 Hanafi school of law, wali is not a pillar but merely one of the conditions for execution of a marriage contract. Even though under the Hanafi school, 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 a 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 the 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 might involve interviews on certain opinions of the scholars on the wisdom of having wali in marriage. It is believed that this research will significantly contribute to knowledge and be beneficial for reference to researchers, students, academics, legal fraternity and public as a whole. 2015 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/43325/1/Maslahah_-_Azizah.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. In: 4th International Conference on Law & Society (ICLAS IV) 2015 , 10th-11th May 2015, Auditorium, Academic Building (UniSZA), Kuala Trengganu. https://www.unisza.edu.my/iclas2015/index.php?option=com_content&view=featured
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP Islamic Law KBP490 Furūʻ al-fiqh. Substantive law. Branches of law.
spellingShingle	KBP Islamic Law KBP490 Furūʻ al-fiqh. Substantive law. Branches of 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	Wali in 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 Hanafi school of law, wali is not a pillar but merely one of the conditions for execution of a marriage contract. Even though under the Hanafi school, 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 a 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 the 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 might involve interviews on certain opinions of the scholars on the wisdom of having wali in marriage. It is believed that this research will significantly contribute to knowledge and be beneficial for reference to researchers, students, academics, legal fraternity and public as a whole.
format	Conference or Workshop Item
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
publishDate	2015
url	http://irep.iium.edu.my/43325/ http://irep.iium.edu.my/43325/ http://irep.iium.edu.my/43325/1/Maslahah_-_Azizah.pdf
first_indexed	2023-09-18T21:01:44Z
last_indexed	2023-09-18T21:01:44Z
_version_	1777410668880723968

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

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