CLARIFICATION OF THE ISSUE OF GUARDIANSHIP IN MARRIAGE IN ISLAMIC LAW

Аннотация

This study investigates the multifaceted concept of guardianship (wilaya) in marriage within Islamic law, examining its historical, legal, and sociocultural foundations, as well as its evolving interpretations across Muslim-majority societies. Guardianship has traditionally been perceived as a protective mechanism for women and minors, enshrined in Qur'anic principles and classical jurisprudence, often administered by male relatives. However, contemporary developments—including legal reforms, constitutional reinterpretations, and international human rights discourse—have challenged traditional guardianship frameworks. The research traces how countries like Indonesia, Malaysia, Morocco, and South Africa reinterpret guardianship roles in light of gender equity, judicial reform, and the integration of Islamic law with civil legal systems. Particular attention is given to divergent jurisprudential approaches, such as the necessity of guardianship in Shafi'i-dominant regions versus its optional status in Somali practice. The study also analyzes the impact of guardianship on women's autonomy, legal capacity, and marital rights, highlighting debates around the role of the wali mujbir (compelling guardian) and the balance between familial responsibility and individual consent. Drawing from primary Islamic legal sources and contemporary legal reforms, the paper advocates for an interpretive paradigm that preserves the ethical objectives of Islamic law (maqāṣid al-sharīʿa) while ensuring compliance with gender- sensitive human rights standards. Key Words: Guardianship (Wilaya), islamic family law, women’s autonomy, marriage and consent, gender equality in islam, legal reform in muslim societies