بالغ کے نکاح میں ولایت کا کردار:فقہی مذاہب اور موجودہ قوانین کا تقابلی جائزہ

Role of Guardianship in the Marriage of Adults (A Comparative Study of Islamic jurisprudence School of thought and Prevailing Laws)

  • Dr. Muhammad Arshad G.C.W. University, Sialkot
  • Dr. Naseem Mehmood G.C.W. University, Sialkot
  • Dr. Muhammad Khubaib the Islamia University, Bahawalpur
Keywords: Marriage, Guardian, Adult Person, Juristic Schools, Prevailing Laws

Abstract

it is a research paper about the study of guardian’s role in the marriage of adult person and especially of an adult woman. There are different opinions of the Islamic Jurists in this issue and the implemented laws of Pakistan lead to other dimension to some extent in many issues of the topic in discussion. Four major schools of Islamic jurisprudence have inter schools as well intra school differences in the guardian’s role in the marriage of an adult women, whether she can marry without the consent and permission of the guardian or not? Malkies, Shafies and Hanbalies are united on the opinion of compulsion of the guardian’s permission for the valid marriage of the adult Muslim women but Imam Abu Hanifa allows it with the condition of equal status of the husband and if she violates this condition then the guardian may file a case in court for the cancellation of such marriage and some jurists say that such marriage is permissible but will not be final without the consent of guardian. Apart from the opinions of Islamic jurists prevailing laws of Pakistan are creating vast space for such couples, which are being proved the major cause of the violation Islamic laws. All these points have been discussed in detail in this research paper.

Author Biographies

Dr. Muhammad Arshad, G.C.W. University, Sialkot

Associate Professor, Institute of Arabic and Islamic Studies

Dr. Naseem Mehmood, G.C.W. University, Sialkot

Assistant Professor, Department of Islamic Studies

Dr. Muhammad Khubaib, the Islamia University, Bahawalpur

Assistant Professor, Department of Islamic Studies

Published
2020-06-30