The Legal Status of Guardianship in Marriage in Light of Imam Abdul Wahab Sha’rani’s “Al-Mizan al-Kubra” امام عبدا لو ہاب شعرانى رحمہ اللہ كى "المیزان الکبریٰ" كےتناظرمىں ولایت النکاح کی شرعی حیثیت

امام عبدا لو ہاب شعرانى رحمہ اللہ كى "المیزان الکبریٰ" كےتناظرمىں ولایت النکاح کی شرعی حیثیت

Abstract

Based on knowledge, experience, and concern for the family's dignity, Islam gives a family guardian the authority to step in and stop a family member from acting in a way that he believes will harm the family's reputation or cause the individual to suffer materially or spiritually. If necessary, a guardian may even use force to stop such an action. However, as there is no Islamic basis for such behavior, the guardian cannot purposefully deny the personal rights that Islam grants to individuals or place excessive limitations on their exercise. The subject of "Wilayat-ul-Nikah" (guardianship in marriage), or the requirement that a young woman's marriage require the authorization and approval of her guardian, is made clear in the Quran and Hadith. Without parental approval, a young woman is not allowed to leave her home and marry someone on her own, whether through the legal system or another method. A marriage like that would be void. A guardian's attendance, permission, and consent are necessary for a marriage to be deemed lawful. Yet, Muslims actual deviation from Islamic principles in the present has caused numerous Shariah rulings, including this one, to be overlooked. Also, some persons use a certain school of jurisprudence's equivocal position to support their deviations. In order to explain the Islamic legal state of guardianship in marriage and to clarify the Islamic legal situation of guardianship in marriage, this research article has presented the issue in an understandable way by referencing the Quran, Hadith, and the views and assertions of renowned scholars and jurists. May Allah accept this endeavor and make it beneficial for the general public. Ameen.

Keywords: Al-Sh’rani, Al-Mizan, Guardianship in Marriage