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Hilda Rahmatul Jannah
Universitas Islam Negeri Sunan Kalijaga, Yogyakarta, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Reinterpreting Marriage Guardianship through Maqāṣid al-Sharī‘ah: Classical Fiqh and Contemporary Indonesian Family Law Hilda Rahmatul Jannah
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i2.16697

Abstract

Marriage guardianship (wali) remains a significant institution in Islamic family law, yet its normative basis and contemporary function require reconsideration in light of changing social and legal conditions. This article examines marriage guardianship through a thematic and contextual analysis of relevant Qur'anic and Prophetic texts, classical fiqh, and maqāṣid al-sharīʿah, with particular attention to Indonesian Islamic family law. The study distinguishes the historically particular functions of guardianship from its enduring universal legal values. It finds that the normative significance of the wali extends beyond a formal requirement for marriage validity to encompass the protection of dignity and marital rights, free and meaningful consent, prevention of harm and abuse of authority, responsible family participation, and legal certainty. In Indonesia, these values are institutionalized through the Marriage Law, the Compilation of Islamic Law (KHI), and marriage administration regulations, particularly through the relationship between wali nasab, wali hakim, individual consent, and state supervision. The study concludes that the contemporary legitimacy of marriage guardianship depends not merely on preserving its classical institutional form but on its capacity to realize its underlying maqāṣid within changing social and legal contexts.
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