Marriage without wali’s consent: the paradigm shift in family structure of Pakistan

In Islamic Law an-nikah is a civil contract. Thus, to fulfil a valid contract all the requisites (arkan an-nikah) should be fulfilled. Majority of Islamic jurists opined guardian (wali) is one of the pillar determining the validity of marriage. Nevertheless, the Hanafi sect view it as a mere conditi...

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Main Authors:	Mehmood, Muhammad Ifzal, Md Hashim, Noraini
Format:	Conference or Workshop Item
Language:	English English English
Published:	2018
Subjects:	HQ503 The family. Marriage. Home K Law (General) KBP Islamic Law KBP524 Aḥwāl shakhṣīyah
Online Access:	http://irep.iium.edu.my/68082/ http://irep.iium.edu.my/68082/ http://irep.iium.edu.my/68082/1/Conference%20book%20ICLAS%202018.pdf http://irep.iium.edu.my/68082/2/Presentation%20ICLAS%20UMS%202018%20Marriage%20without%20Wali%27s%20Consent.pdf http://irep.iium.edu.my/68082/12/68082_Marriage%20Without%20Wali%E2%80%99s%20Consent-slide.pdf

id	iium-68082
recordtype	eprints
spelling	iium-680822018-12-07T08:09:29Z http://irep.iium.edu.my/68082/ Marriage without wali’s consent: the paradigm shift in family structure of Pakistan Mehmood, Muhammad Ifzal Md Hashim, Noraini HQ503 The family. Marriage. Home K Law (General) KBP Islamic Law KBP524 Aḥwāl shakhṣīyah In Islamic Law an-nikah is a civil contract. Thus, to fulfil a valid contract all the requisites (arkan an-nikah) should be fulfilled. Majority of Islamic jurists opined guardian (wali) is one of the pillar determining the validity of marriage. Nevertheless, the Hanafi sect view it as a mere condition for a marriage. In Pakistan, a precedent has been set in the Supreme Court case of Saima Waheed, where it was decided that an adult Muslim woman can marry without the consent of her guardian. The decision has opened a debate whether guardian is a pillar of contract or merely a condition. In order to comprehend the issue of wali’s consent, it is essential to discuss the purpose of a marriage contract itself. The paper will kick off with the importance of the wali’s consent under Islamic law, follows by the elaboration of the legal status of a marriage contract without consent of guardian in Pakistani law. Besides armchair research, interviews with respondents involving females being forced into marriage were carried out too. The findings from the interviews, indicate that marriage without wali’s consent has destructed the family structure and isolated the partners from the family and society. The paper ends with importance to adhere to guardian in a marriage and recommendations to safeguard family system. 2018-12 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/68082/1/Conference%20book%20ICLAS%202018.pdf application/pdf en http://irep.iium.edu.my/68082/2/Presentation%20ICLAS%20UMS%202018%20Marriage%20without%20Wali%27s%20Consent.pdf application/pdf en http://irep.iium.edu.my/68082/12/68082_Marriage%20Without%20Wali%E2%80%99s%20Consent-slide.pdf Mehmood, Muhammad Ifzal and Md Hashim, Noraini (2018) Marriage without wali’s consent: the paradigm shift in family structure of Pakistan. In: 7th International Conference on Law And Society (ICLAS 7), 11th-13th April 2018, Kota Kinabalu, Sabah. (Unpublished) https://iclas2018.org/parallel-sessions/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	HQ503 The family. Marriage. Home K Law (General) KBP Islamic Law KBP524 Aḥwāl shakhṣīyah
spellingShingle	HQ503 The family. Marriage. Home K Law (General) KBP Islamic Law KBP524 Aḥwāl shakhṣīyah Mehmood, Muhammad Ifzal Md Hashim, Noraini Marriage without wali’s consent: the paradigm shift in family structure of Pakistan
description	In Islamic Law an-nikah is a civil contract. Thus, to fulfil a valid contract all the requisites (arkan an-nikah) should be fulfilled. Majority of Islamic jurists opined guardian (wali) is one of the pillar determining the validity of marriage. Nevertheless, the Hanafi sect view it as a mere condition for a marriage. In Pakistan, a precedent has been set in the Supreme Court case of Saima Waheed, where it was decided that an adult Muslim woman can marry without the consent of her guardian. The decision has opened a debate whether guardian is a pillar of contract or merely a condition. In order to comprehend the issue of wali’s consent, it is essential to discuss the purpose of a marriage contract itself. The paper will kick off with the importance of the wali’s consent under Islamic law, follows by the elaboration of the legal status of a marriage contract without consent of guardian in Pakistani law. Besides armchair research, interviews with respondents involving females being forced into marriage were carried out too. The findings from the interviews, indicate that marriage without wali’s consent has destructed the family structure and isolated the partners from the family and society. The paper ends with importance to adhere to guardian in a marriage and recommendations to safeguard family system.
format	Conference or Workshop Item
author	Mehmood, Muhammad Ifzal Md Hashim, Noraini
author_facet	Mehmood, Muhammad Ifzal Md Hashim, Noraini
author_sort	Mehmood, Muhammad Ifzal
title	Marriage without wali’s consent: the paradigm shift in family structure of Pakistan
title_short	Marriage without wali’s consent: the paradigm shift in family structure of Pakistan
title_full	Marriage without wali’s consent: the paradigm shift in family structure of Pakistan
title_fullStr	Marriage without wali’s consent: the paradigm shift in family structure of Pakistan
title_full_unstemmed	Marriage without wali’s consent: the paradigm shift in family structure of Pakistan
title_sort	marriage without wali’s consent: the paradigm shift in family structure of pakistan
publishDate	2018
url	http://irep.iium.edu.my/68082/ http://irep.iium.edu.my/68082/ http://irep.iium.edu.my/68082/1/Conference%20book%20ICLAS%202018.pdf http://irep.iium.edu.my/68082/2/Presentation%20ICLAS%20UMS%202018%20Marriage%20without%20Wali%27s%20Consent.pdf http://irep.iium.edu.my/68082/12/68082_Marriage%20Without%20Wali%E2%80%99s%20Consent-slide.pdf
first_indexed	2023-09-18T21:36:38Z
last_indexed	2023-09-18T21:36:38Z
_version_	1777412864077725696

Marriage without wali’s consent: the paradigm shift in family structure of Pakistan

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