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.

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-06-17
DOI
https://doi.org/10.5281/zenodo.15684061
Primary Topic
Acute Kidney Injury Research
Type
article
Field-Weighted Citation Impact
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article

CLARIFICATION OF THE ISSUE OF GUARDIANSHIP IN MARRIAGE IN ISLAMIC LAW

Zenodo (CERN European Organization for Nuclear Research)
Acute Kidney Injury Research
article

CLARIFICATION OF THE ISSUE OF GUARDIANSHIP IN MARRIAGE IN ISLAMIC LAW

article en

Abstract

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.

Zenodo (CERN European Organization for Nuclear Research)
Gender equality
Openalex Percentile: Top 45%
Acute Kidney Injury Research
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