CLARIFICATION OF THE ISSUE OF GUARDIANSHIP IN MARRIAGE IN ISLAMIC LAW

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.